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A defendant shall be punished by imprisonment for six months.
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
The defendant of "2015 Highest 1361" is a person who operated a DNA factory in Gwangju City from May 2009 to July 2010.
1. Fraud;
A. A. Around April 2010, the Defendant’s fraud against the victim E concluded that the victim E would settle the price within 15 days if he/she delivered man-made bamboo PVC, which is a material of small wave, to the victim E, at the D small wave plant operated by the Defendant in Gwangju-si, without hiding the fact that he/she manufactured the small wave using waste joint plates.
However, in order to lower the production cost, the Defendant was aware of the fact that it was impossible to receive the sales proceeds if it is discovered, and was in bad credit for about 10 years since he was unable to pay interest on the loan, and there was no intention or ability to pay the factory rent due to the circumstances where the factory rent is not paid properly.
As such, the Defendant, by deceiving the victim, received from the victim a total sum of KRW 9,272,910,00, equivalent to KRW 2,887,810 on April 23, 2010, equivalent to KRW 2,425,50 on April 26, 2010, equivalent to KRW 1,946,00 on May 10, 2010, and KRW 9,272,910 on May 13, 2010.
B. Around May 10, 2010, the criminal defendant against the victim F made a false statement to the victim F at the aforementioned D sub-wave plant stating that “The victim F would pay the price within one week on credit if he/she delivered the leather, which is a material subject to sopha, to pay the price.”
However, the facts above A.
For the same reason, there was no intention or ability to settle the price.
As such, the Defendant, by deceiving the victim, was supplied with the amount equivalent to KRW 4,474,60 of the so-called “sponed material” from the victim.
2. On May 20, 2010, the Defendant received from the Victim F a request from the Victim F to sell four parts of the finished products of the Bolina Nos. 199 from the Defendant.
The Defendant sold the immediately preceding so-called “I” store in the same month.