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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
Since February 9, 2009, the Defendant has been practically operating Co., Ltd., a company that runs the wholesale business of building materials.
On April 25, 2016, the Defendant issued an electronic tax invoice at the end of each month at the time of delivery to F, who is an employee of the victim E-limited company, at the office of the Co., Ltd., Ltd., Ltd., which is located in Doang City around April 25, 2016.
“......”
However, at the time, C had been supplied with goods on credit from the customer while the goods amounting to KRW 500 million to the customer, and had been operated as so-called so-called “return prevention” which pays the obligation to the other customer due to the sales proceeds, and the Defendant had reached about KRW 20 million in the absence of any particular property. Thus, even if the goods are supplied from the victim, C did not have the intent or ability to pay the price on the agreed date.
The facts charged are stated that the Defendant, as above, was supplied with a construction-related contact system over three times around May 31, 2016, around June 30, 2016, and around July 31, 2016, by deceiving the employees of the victimized person and obtaining a total of KRW 105,358,660 among the victims from May 2, 2016 to July 1, 2016, and acquired the same. However, according to the following evidence, the Defendant’s provision of a construction-related contact system over three times from May 2, 2016 to July 1, 2016 may be recognized, and even if it is recognized without changing the indictment, it may cause disadvantages to the Defendant’s exercise of his/her right to defense.
As such, the indictment is recognized as above without changing the indictment.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement of the protocol concerning the interrogation of the accused by the prosecution;
1. Statement made to F in the police statement protocol;
1. The basic agreement, etc. on transactions;