Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 25, 2015, the Defendant: (a) at the Gyeonggi Local Small and Medium Business Administration located in Young-si, Young-si, Young-si; (b) on August 25, 2015, at the Gyeonggi Local Small and Medium Business Administration, the Defendant supplied the victim B, an electronic component distributor, the electronic component distributor, “D panty electronic parts are supplied first on credit; and (c) the Defendant provided 2 billion won subsidies for technology development projects from the Ministry of Environment because the performance of the products developed by the company C operated in Suwon-si, which is operated in Suwon-si, is excellent.
“The purpose of this is false.”
However, the defendant did not have to receive the above subsidies from the Ministry of Environment, and at the time of committing the crime, there was a debt equivalent to KRW 600,000,000, and there was no intention or ability to pay the credit amount on the above parts properly
Nevertheless, the Defendant: (a) by deceiving the victim; (b) received from the victim on December 29, 2015 a total of KRW 5,296,000 from the victim; and (c) obtained a total of KRW 1,000 from the panty electronic components amounting to KRW 5,296,00; and (d) obtained a total of KRW 10,000 from the supply price on January 28, 2016; and (b) did not pay a total of KRW 2,000 of the above products, but did not pay the price.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Each tax invoice, each written confirmation on payment of approval funds, and each written order;
1. Details of each account transaction;
1. Application of Acts and subordinate statutes on recording;
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] In general frauds No. 1 (less than KRW 100 million) (one month to one year) in the mitigation area (person with special mitigation] [decision of sentence] in the crime of this case, the degree of deception is not weak.
However, the defendant seems to have an attitude against the victim, the fact that the defendant has agreed with the victim, and all the conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, environment, and circumstances before and after the crime of this case, are considered the same as the order.