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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On May 1, 2016, the Defendant sent a phone call to the victim E, from the Defendant’s operation in Gyeonggi-si, Gyeonggi-do, 2016.
The first transaction is to issue a tax invoice to show a business registration certificate, and the goods price will be paid as the goods arrive.
“.....”
However, the defendant had no intention or ability to pay the price even if he received the goods from the injured party because of the attachment of the goods within the defendant's house and the main store due to the default of the bill, etc., and the sales of the above main store was used for the collection of the defaulted bill.
As above, the Defendant: (a) by deceiving the victim; and (b) supplied the victim with goods worth KRW 2,590,000 in total, including KRW 2,00,00 from May 9, 2016, and KRW 200 from the first half of the vessel.
After that, the Defendant called the victim again on May 11, 2016 and called the victim to lack of goods.
In addition, the settlement will be made at once, including the price of the goods already supplied.
“Along on May 11, 2016, from the injured party, she was supplied with goods worth KRW 7.6 million in total, including 100 dried goods and 600 rays.
Accordingly, the defendant deceivings the victim and acquired the total amount of 33.5 million won.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement in the police statement protocol against E;
1. Application of each Act and subordinate statute of entry of each business registration certificate, each copy of the statement of transaction (No. 3 of the evidence list), and each copy of the electronic tax invoice;
1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.