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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On June 24, 2014, the Defendant would pay the price by the end of the following month at the office of the victim Kex Co., Ltd., Ltd., which is located in the 841-3 of the Dong-gu, Dong-gu, Seoul Metropolitan City.
The phrase “ makes a false statement.”
However, at the time, the Defendant had a loan of 100 million won or more, and the annual income was merely 50,948,535 won or more, and the unpaid amount to be paid to other customers is over KRW 20,000,000 and paid to the company, and the company was operated by paying the unpaid amount in the form of return, so even if the amount was supplied by the injured party and sold the amount, the Defendant did not have any intention or ability to pay the amount as promised to the injured party as agreed.
Nevertheless, the Defendant, as such, by deceiving the victim and being supplied with 3,107,940 Won at a level equivalent to the market price of 3,107,940 from the victim, and was supplied with 17,572,280 Won at a total of five times from that time to September 12, 2014, as stated in the separate crime list.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Each protocol concerning the examination of the suspect of the police against the accused (including the part concerning B confrontationment);
1. Statement made by the police against B;
1. Investigation report (Submission of a detailed statement of the original supply transaction which is the complainant) (The defendant had no intention to commit the crime by deception at the time;
The argument is asserted.
However, at the time, the Defendant was unable to refund the unpaid amount of other business partners as above, and the originals that the Defendant received from the injured party sold to other business entities and did not pay the amount to the injured party.
Application of Statutes
1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.