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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On August 12, 2013, the Defendant is running a company G for the purpose of computer sales business to the employees F of the victim E Co., Ltd. on the following grounds: “The Defendant is running the company G for the purpose of computer sales business, and the Defendant is running the business of selling computers to customers having public interest, including the Seoul Seoul National University.
In order to supply high-performance computers and peripheral devices, the term “to pay in cash by the end of the month following the month of the installation” was false.
However, in fact, G did not have the intent or ability to pay the amount to the victim even after receiving the payment from the customer because the enemy occurred continuously and the employee did not pay the amount to G.
On September 12, 2013, the Defendant received 21 traffic cards (2GN NVA QUDO K 2000) from the injured party, and acquired the computer and peripheral devices worth KRW 21,848,000 in total over 21 times during the period from March 9, 2015 to March 9, 2015.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of the witness H and F;
1. Details of transactions, business registration certificate, tax invoice, estimate, and certificate of delivery;
1. Each text of the summary order and each account transaction details (the defendant and his defense counsel acknowledged the facts but denied the intent of the fraud;
However, in full view of the evidence adopted and examined by this court, the following circumstances are revealed: (a) the Defendant used the goods for other purposes without paying the amount to the victim although it received all the payment of the goods from the last supplier; and (b) the Defendant made an agreement to pay half of the amount of the unpaid payment up to the end of December 2, 2014; (c) the Defendant continued to supply the goods to the victim company that believed that it was to pay by the end of December 2014; (d) however, the Defendant failed to perform the said promise; and (e) the goods from the victim.