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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The Defendant is between the victim C and the food materials distribution business, and the victim is a person who operates a food agency business with the trade name of "E" in Changwon-si, Changwon-si.
From February 25, 2013, the Defendant supplied food materials, such as beanas, by wholesale, from the victim to the victim, and mainly supplied them to be Kink's house. From May 1, 2013, the Defendant received total amount of KRW 59,927,400 and paid KRW 31,017,40 and paid the outstanding amount of KRW 28910,000 among them.
On May 2013, the Defendant, at the above “E” office, stated that “The wife works as a dietitian at the factory cafeteria located in the Changwon Corporation, and most of the food materials are supplied by the food materials supplier that is F in the large restaurant located in the Changwon Corporation. The goods can be supplied in large quantity to the restaurant located in the Changwon Corporation on the face of a week by supplying them at a lower price. In the past, F has been supplied under the settlement terms for three months. Accordingly, the goods supplied to the restaurant within the Changwon Corporation will be settled three months after the payment.”
However, in fact, the Defendant did not have the intent or ability to deliver the goods supplied by the victim to other wholesale and retail companies, but did not have the intention or ability to deliver the goods to the restaurant within the Changwon Corporation, and there was no intention or ability to pay the payment after three months since it was not sufficient to pay the settlement money to the victim to the extent that it is required to be paid by another person.
Around May 2, 2013, the Defendant received food materials equivalent to KRW 57,153,00 in total over 21 times, as shown in the attached crime list, from the victim, around September 17, 2013, the Defendant received food materials from the victim in total of KRW 57,153,00,00.
Summary of Evidence
1. Defendant's legal statement;
1. Statement C prepared by a prosecutor;
1. An investigation report (a transaction card, etc. submitted by a victim) and attached thereto;