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A defendant shall be punished by imprisonment for six months.
However, 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
The Defendant is a person who served as a technical representative of D, Inc., Ltd., a boiler manufacturing chain from around 2010 to November 201, and the victim E is a person who operates the “G” visa in Mapo-gu Seoul Metropolitan Government F.
On November 1, 2011, the Defendant made a false statement to the victim E at the above G’s coffee shop stating, “D’s ultra-cat boiler (the model name H) may pay the heat of 350,000 kal per hour using electricity of 100 kW, and even if the number of customers average 400 to 500 kal per day, the electricity fee for one month shall not exceed three million won and four million won per day.”
Defendant
In addition, the defense counsel denied the contents of the energy self-check report prepared by the Korea Energy Technical Association, which is an incorporated association, and confirmed the performance of boiler by the Defendant’s assertion, that it would make 350 ccal heat per 100 kw, and accordingly, the Defendant did not deceiving the victim of the performance of the boiler.
Various complicated conditions appear to be necessary for calculating the “consumption power and rated output” of boilers listed in boiler Kabrogs, which the Defendant submitted during the investigation process. In light of the following: (a) the Defendant did not notify the victim that the boiler was performed at the time of sale of boiler; (b) the Defendant did not present another test report that calculated the performance of boiler listed in the boiler at the time of the investigation process; and (c) even though the Defendant did not present the test report that calculated the performance of the boiler listed in the boiler at the time of the investigation process, the Defendant did not submit any other test report that could reverse the results of the energy self-check report; and (d) the Defendant recognized the fact that the Defendant sold boiler to the victim without any objective material supporting the boiler’s performance.
However, the fact is that the above Seocho Boiler used the electricity 95.8kW, 78,400 cal per hour.