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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
In addition, the Defendant did not have any specific property, and around May 201, the credit card payment obligation of the bank bank was KRW 7 million, and the amount of taxes equivalent to KRW 30 million from the National Tax Service and Seoul Metropolitan Government was in arrears. The obligation of the purchase price of the goods in other locations was in excess of KRW 30 million, and the obligation of the purchase price of the goods in other locations was in excess of KRW 30 million, and even if the payment period of the purchase price of the existing goods is delayed due to the delayed payment of the purchase price of the new goods from the victim D, there was no intention or ability to repay the new goods as well as the existing goods even if the new goods are supplied on credit by the victim D.
Nevertheless, at the defendant's shop located in Dongdaemun-gu Seoul, around springing around 2011, the defendant made a false statement that "the defendant would sell clothing at the time of supplying them, and would pay the credit amount without any mold." On August 9, 2011, the defendant demanded the victim to pay the credit amount of KRW 100 million. The defendant continued to pay the credit amount to the victim by dividing the credit amount of KRW 100 million from September 5, 201 to June 5, 201, with the credit amount of KRW 100 million up to 10 million up to 10 million up to June 5, 2012, the defendant paid the credit amount of KRW 200 million up to 10 million up to 10 billion up to 10 billion up to 10 billion up to 200 million up to 200 million from September 18, 2012."
As such, the Defendant: (a) by deceiving the victim; (b) sold clothes supplied by the victim from spring around January 201 to December 201, 201; (c) did not pay KRW 289 million; and (d) did not acquire pecuniary benefits equivalent to the said amount.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol of partial examination of the accused;
1. Statement of D police statement;
1. The text of the bankruptcy decision;
1. A notarial deed;