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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 2, 2017, the Defendant would pay 20% of the product price to the injured party D immediately upon delivery of the instant World Cup, etc. to the injured party D from the “C” teacher of the Defendant’s operation of the Defendant in the South Heung-gun, Daejeon-gun, which was located in the Republic of Korea. The Defendant would pay the balance by April 10, 2017.
“...”
However, at the time, the Defendant had a considerable amount of KRW 24 million, personal debt, KRW 30 million, and the revenues of Korean Teachers were insufficient to use them as funds for the operation of Korean Teachers, and there was no intention or ability to pay the funds even if they were supplied with goods from the Defendant.
Nevertheless, on February 23, 2018, Defendant 1 supplied the victim with goods equivalent to KRW 13,916,000, such as the instant World Cup, from the victim’s end-of-date, and received goods equivalent to the sum of KRW 4,950,000 from the victim, and was supplied on February 24, 2018.
As a result, the Defendant, by deceiving the victim, received a total amount of 18,866,00 won.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police against D;
1. Complaints, the detailed statement of each transaction, and each payment note;
1. The application of Acts and subordinate statutes to each investigation report (including attachment of credit information replies and fine reporting by suspect A in installments);
1. Relevant provisions of the Criminal Act, Article 341 (1) of the Criminal Act, the choice of punishment by imprisonment, and the choice of punishment;
1. The suspended sentence under Article 62(1) of the Criminal Act reflects the error of the reason for sentencing, the fact that the victim promises to pay the victim in installments and agreed to do so smoothly, and the favorable circumstances, such as the fact that there is no record of punishment other than the minor one fine for the crime, shall be considered.