Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal records] On May 11, 2006, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Seoul Central District Court, and on August 8, 2006, the Seoul Detention Center completed the enforcement of the sentence.
[Criminal facts] The Defendant is a person who has engaged in the distribution business of ducks and chickens under the trade name of “B”.
Around March 15, 2008, the Defendant made a false statement to the head of the business team of the victim D Co., Ltd., Ltd., located in the front Eup/Myeon of North Korea, to the effect that “The Defendant would rent the business place and deliver the original and original equipment to sell the original equipment and pay the price.”
However, even if the defendant is supplied with original equipment, he did not have any intention or ability to pay the price.
As above, the Defendant: (a) by deceiving the victim company; and (b) from April 4, 2008 to June 2, 2008, the Defendant did not pay a total amount of KRW 31,300,700,000 from the market price to the victim company; and (c) thereby, acquired pecuniary benefits equivalent to the said amount.
Summary of Evidence
1. Some statements concerning the police and the suspect examination protocol of the prosecution against the accused;
1. A protocol concerning the interrogation of suspect with respect to F;
1. Each police statement protocol with respect to G and E;
1. Details of supply and a statement of transactions;
1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries into criminal history and submission of reference materials;
1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;
1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendations] General Frauds (10 million won or less) (1 to 2 years and 6 months) of the aggravated area (1 to 100 million won) [Special Aggravation] of the same type repeated crime (a person to be specially aggravated] of the same type of repeated crime (a person to be sentenced] of the defendant who has been punished several times, including the same type of repeated crime, commits the instant crime during the period of repeated crime, and fails to recover damage, etc.