beta
Text
1. The defendant shall be punished by imprisonment for six months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
The Defendant is an intermediate wholesaler who purchased the stormtomato from a farmer who cultivated the stormtoma and sells it to a farming corporation called “B” and “C”.
1. On October 29, 2013, the Defendant against the victim D told the victim D to pay the sales proceeds to the head of the Tong in the name of the victim within a week, in the F’s plastic house located in E in Bangladesh-si, Ansan-si, 2013.
However, at the time, the Defendant was faced with a very difficult financial situation, such as bad credit standing, due to the Defendant’s failure to repay 40 million won to the Agricultural Cooperative, and was operating the intermediate wholesale business in the form of return, such as using the proceeds from sales of the stormtoma to repay the debt to another farmer for the purchase of the stormtoma with credit purchased from the same farmer. Therefore, even if the Defendant received the stormtoma from the victim, the Defendant did not have any intent or ability to pay the sales proceeds within a week.
On October 29, 2013, the Defendant: (a) by deceiving the victim; and (b) by deceiving the victim, obtained the victim with 1,140,000 won of the market price; (c) by taking advantage of 408,000 won of the market price on November 1, 2013; and (d) by taking advantage of 2,478,000 won of the total amount of 930,000 won of the market price on November 5, 2013.
2. On October 2013, 2013, the Defendant said that “The Defendant would deposit the sales proceeds with the passbook in the name of the victim in the name of the victim within a week, if the victim F’s plastic house located in the victim F, which was located in the Seocho-si E, Seosan-si.”
However, the defendant did not have the intention or ability to pay the sales proceeds within a week even if he/she has been boomed by the victim for the same reasons as the mentioned in the preceding paragraph.
The Defendant, as such, deceiving the victim and deceiving him, is equivalent to KRW 3,50,000 at the market price around October 2013.