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A defendant shall be punished by imprisonment for two years.
However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From around April 2015, the Defendant operated the cosmetic Co., Ltd., Ltd., a cosmetic distributor from around 2010. However, due to the operational accident, the Defendant was faced with the situation where: (a) there was no money after around April 2015; and (b) there was no money to pay taxes; and (c) the Defendant was accused of the Defendant’s accusation to the Ministry of Employment and Labor; (d) around August 2015, the victim D’s representative director, E (43 years old) who became aware of around August 2015, intended to purchase a large volume of c “c” food, which had been difficult for the Defendant to request a high volume of goods at the time of Chinese sale; and (e) had been aware of the Defendant’s request for a large volume of goods, such as the payment of the Defendant’s other goods sales contract or the payment of employees.
On September 21, 2015, the Defendant posted a telephone to the office of the victim located in Seocho-gu Seoul Metropolitan Government F, and operated a traffic wholesaler, and the Defendant can receive goods only if he/she has to pay the price in advance.
The phrase “to secure and supply goods immediately on the face of the deposit of the full amount of shampampoo and shampoo,” and following the Kakao Stockholm, sent the same word through the next Kakao Stockholm and urged to deposit the same in advance.
However, the defendant did not have any intention or ability to supply shampoo and shampoo properly even if he received shampoo and shampoo.
The Defendant, on September 22, 2015, deposited KRW 22,005,120 from the damaged person as the head of the company passbook on or around September 2, 2015, and acquired KRW 33,007,680 on or around October 24 of the same month, KRW 55,013,30 on or around October 14 of the same year, KRW 40,000 on or around October 14 of the same month, KRW 65,084,00 on or around the 15th day of the same month, and KRW 172,94,00 on or around the 16th day of the same month, respectively, and acquired KRW 38,053,60 on or around October 14 of the same month.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. A contract for purchase and supply of goods;
1. Inform the investigation report (data confirming the sources of damage), investigation report (the Stockholm conversation), number, and goods on behalf of another person.