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A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【Criminal Force】 On June 26, 2014, the Defendant was sentenced to two years of suspension of the execution of imprisonment for one year at the Suwon District Court for fraud, and the said judgment became final and conclusive on July 4, 2014.
【Criminal Facts】 On July 9, 2011, the Defendant made a false statement to the victim that “The half of the face-to-face face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-on-face-to-face-on-face-on-face-on-face-on-face-on-on-face-on-
However, at the time of the fact, the livestock products sales business chain operated by the Defendant has continuously paid the price of supplied goods by the customer by means of the settlement of bills. Even if the amount of the bill was supplied by the victim for the amount of KRW 400 million, the disposal price is required to pay the amount of the bill issued by the other transaction party, so there was no intention or ability to pay the amount normally even if it was supplied by the victim for the soil.
The Defendant, as such, by deceiving the victim, received from the victim the delivery of 5,750 kg of earth and sand equivalent to the market price of 20,700,000.
The Defendant, including that, from around that time to August 4, 201, received the supply of earth and sand equivalent to KRW 190,619,500 in total, over 13 times, as shown in the list of crimes in attached Form 1 by the aforesaid means.
Accordingly, the defendant was provided property by deceiving the victims.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police officer in relation to D, F and G;
1. Previous convictions in judgment: Investigation report (report on the results of confirmation before and after the disposition), application of Acts and subordinate statutes in two copies of judgment;
1. Article 347 (1) of the Criminal Act applicable to the crimes;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The range of recommending sentencing guidelines for sentencing of Article 62(1) of the Criminal Act: General fraud.