Text
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The defendant is a person who sells fishery products.
The facts are as follows: (a) even if the outstanding amount that was not supplied with the whole uniform from the B association operated by C is 40,000 won and was supplied with fishery products from the victim D in the name of the B association operated by C and on the GSS test, C was first appropriated for the outstanding amount of the total amount of the goods received from GSS test; and (b) the Defendant could not receive the goods from C, and there was no intention or ability to pay the amount to the victim otherwise.
Nevertheless, around April 201, the Defendant, at the end of Busan-gu Office, supplied fishery products, such as early in the name of the Association, to the victim immediately after receiving the price of supply, from the F Office that is operated by the victim in Seo-gu, Busan-gu, for GSriter, the Defendant paid the victim the price of supply of fishery products, such as early as GSriter as the name of the Association, and thereafter, intended to introduce the F to the victim so that he/she can directly supply fishery products on the GSriter on May 11, 201, which is equivalent to KRW 319 Sriter 12,281,50, KRW 10,794,50 on May 12, 2011; KRW 247 gamblings 10,03,500 on May 13, 201; KRW 635,504,500 on May 16, 2011; and the Defendant did not pay the price of fishery products equivalent to G.
Accordingly, the defendant deceivings the victim to acquire 38,623,50 won of fishery products owned by the victim.
Summary of Evidence
1. Examination protocol of the accused by prosecution;
1. Each police statement made to D, C, G, and H;
1. A complaint;
1. A written request for shipment, an invoice, a detailed statement of transaction, a peremptory notice of performance of repayment, and a copy of transaction account book;
1. Application of Acts and subordinate statutes to investigation reports (Hearing of phone calls for reference);
1. Article 347 (1) of the Criminal Act applicable to the crime;
1. It is so decided as per Disposition on the grounds of the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which increases concurrent crimes;