beta
Text
A defendant shall be punished by imprisonment for a term of one year and two months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal record] On June 25, 2015, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Busan District Court on October 25, 2015, and the above judgment became final and conclusive on September 25, 2015.
[Criminal facts] The Defendant: (a) around May 12, 2014, at the office of a company operated by the victim D located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon; (b) the Defendant awarded the Defendant the bid for the master pin supply bid, which entered the two mountain Heavy Industries E facilities.
F) The delivery of posters Finine to the two industries on the main page, and the cash settlement will be made within 10 days from the date of delivery.
“.......”
However, in fact, the defendant had already ordered purchase contracts by two industries, and used them to loan 240 million won from the bank to pay the existing goods price debt and the deposited wages, etc., and the two industries departments agreed to receive 60-day payment for the price of the goods to the posters pin at the maturity of 60 days. The bills received from the two industries should be first repaid with the above Poper network loan, and even if the victim supplies the goods, there was no intention or ability to pay in cash within the agreed date.
The Defendant received, from the victim, the posters amounting to KRW 73,539,235 from May 30, 2014; KRW 40,953,00 around June 5, 2014; KRW 92,186,160 around June 20, 2014; KRW 67,211,409 around June 26, 2014; KRW 12,261,480 around July 8, 2014; KRW 58,00 around KRW 36,08,00 around KRW 1838,00; and KRW 67,211,409; and KRW 12,48,00 around July 18, 2014;
Accordingly, the Defendant, by deceiving the victim, received property equivalent to KRW 357,073,267 from the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the accused by the prosecution (including the list Nos. 37 and the whole part of the evidence);
1. Statement made by the police against D;
1. Distribution schedule and a certified copy of the registry of real estate;