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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
1. Fraud against the victim C;
A. Although the facts charged in the facts charged of “D market” around February 26, 2017 are indicated in the facts charged of “D market” and “G market” on the same occasions, the D market and H G market are separate markets, and it does not seem to hinder the exercise of the defendant’s right to defense by recognizing the D market and H G market as stated above without any changes in the indictment.
(C) Fishery products store operated by the victim C (hereinafter referred to as "C") by the victim C (hereinafter referred to as the "victim") will purchase the goods from the importing company on the face of the State by prohibiting the purchase of the goods for supply.
“.........”
The Defendant received KRW 28,104,00 in total from April 3, 2017 to May 22, 2017, from the victim C, the sum of the supplied goods to the Agricultural Cooperative Account in the name of F via nine times.
However, at the time, the Defendant was liable to pay a large amount of money, and the money remitted by the victim C was used for the repayment of the existing debt, as well as for the sale thereof as a "dumping" under the circumstances of selling it as a "dumping", so even if the money was remitted from the victim C, there was no intention or ability to deliver the money normally to the victim even if it was remitted.
Accordingly, the defendant acquired the property from the victim C.
B. On May 23, 2017, the defrauded of the borrowed money by phone call from “I” to the victim C where the Defendant works in Busan Seo-gu, Busan, to repay the money to the victim until May 26, 2017.
“........”
The Defendant received 200,000 won in the name of the borrowed money from the person who is believed to do so on the same day.
However, at the time, the defendant did not have the intention or ability to pay the borrowed money normally even if he borrowed and used the money from the victim C due to the difficult relationship as described in the preceding paragraph.
Accordingly, the defendant is the victim.