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Defendant shall be punished by a fine of four million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On February 2, 2016, the Defendant purchased fishing goods worth KRW 9,900,00 from the victim B to the seller of fishing goods in front of the C Station located in Boan-si on February 2, 2016, and “2,00,000 won present in cash and the amount of KRW 2,00,000 is the other fishing goods.
The remaining payments will be paid up to 3 million won on the one hand, and 2.9 million won will be transferred on the one hand.
“The purpose of “ was to make a false statement.”
However, the defendant did not have any intention or ability to pay the remainder of 5.9 million won even if he received fishing supplies from the injured party.
However, the defendant deceivings the victim as above, supplied the victim with the fishing goods equivalent to KRW 9.9 million, and in return, paid the fishing goods equivalent to KRW 2 million in cash and KRW 2 million in cash as a substitute for the repayment of goods, and ultimately acquired the fishery goods equivalent to KRW 5.9 million by deceiving the victim.
On June 5, 2015, the Defendant “2017 Highest 2311, the Defendant would pay the victim F with e-mail within three days if he/she supplies the e-mail for fishing.”
“A false representation was made.”
However, even if the defendant is supplied with electronic sludge from the injured party, he did not have the intention or ability to pay the amount normally to the injured party because he was able to use it in full, such as his own cost of living or the credit value of the existing customer.
In this regard, the defendant deceiving the victim as above and issued 1,380 e-mail 1,50,000 won at the market price from the damaged party.
Summary of Evidence
[2017 Highest 401]
1. Partial statement of the defendant;
1. Each legal statement of witness B and G;
1. Detailed statement of transaction (2017 order 2311);
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Application of Acts and subordinate statutes on trading specification lists;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime (the point of fraud and the selection of fines);
1. The aggravated Criminal Act for concurrent crimes.