beta
Text
A defendant shall be punished by imprisonment for a period of five months.
Reasons
Punishment of the crime
The Defendant, while operating the “C” in Seo-gu Incheon, was engaged in the business of receiving re-service from the E operated by the victim D and supplying it to the “F”.
The Defendant, who was supplied with clothing, etc. from “F”, determined that thisland would have reduced the volume of trading with “F” and its sales would have decreased gradually, and considered new revenue sources. In that process, on August 29, 2011, the Defendant sought the “H Reading room” located in Seo-gu Incheon, Seo-gu, Incheon.
The Defendant, in the process of opening the above reading room, demanded the payment of the borrowed money to purchase the books, the interior work cost, fixtures, etc. purchased in the above reading room, and had the victim, who failed to use the above reading room operating expenses, received re-service expenses from the victim, who received the payment of the re-service expenses from the victim, to “F” for repayment, such as the above interior work cost.
On December 2, 2011, the Defendant ordered re-service as if he would normally pay the price to the victim, and then received a total of KRW 41,165,520 from December 2, 201 to July 2, 201, such as being supplied with re-service from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police statement law to D;
1. Although an agreement is reached between the victim and the victim on the relevant legal provision regarding the crime, Article 347(1) of the Criminal Act regarding the selection of punishment, the reason for sentencing of imprisonment with labor, and the victim on the following: (a) the payment of KRW 1,00,000,000 on the 20th day of each month from January 20, 2015 to November 20, 2017; and (b) the payment of KRW 1,500,000 on December 20, 2017; (c) however, an agreement is reached between the victim on the following: (a) the payment of KRW 50,000 on the 20th day of February 3, 2015; (d) the payment of KRW 1,00,000 on March 2, 2015; and (e) the amount obtained by deception and the amount not paid, shall be imposed for five months in consideration of the agreed details.
However, there is no statutory restraint to give an opportunity to recover damage.