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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 30, 2017, the Defendant is the representative of Cheongju-si Co., Ltd., “C” in Cheongju-si, and the victim D was a person who operates the meat breeding farm, “F” in ASEAN, and entered into a contract for the breeding of c and F standards on the condition that C and F pay the raising price within 25 days after the completion of the shipment, and the Defendant provided the victim with Shori 26,00 ma and walks to the above contract.
On November 21, 2017, the Defendant made a false statement to the effect that “When the victim provides the victim with the chickens instead because it is difficult for the Defendant to make it difficult for the Defendant to do so, the Defendant shall ship the chickens, pay the price of the chickens within two weeks, and pay the cost of raising.”
However, since the market price of chickens at the time was not good, the enemy of C from July 2017 continued to be accumulated, the defendant did not have the ability to pay the victim the amount of chickens and fodder.
Around November 30, 2017, the Defendant, by deceiving the victim as such, had the victim disburse KRW 13,217,400 on behalf of the Defendant, and did not pay KRW 15,95,536 to the victim for expenses incurred in raising chickens, thereby acquiring property profits equivalent to KRW 29,212,936 in total.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness G;
1. Partial statement of witness D;
1. Some statements made in the police statement regarding D;
1. Application of Acts and subordinate statutes of Chapter IV of an order for payment (the price for the goods 2018 tea 103), a contract for the breeding of meat standard, a statement of accounts of breeding of meat and a statement of measurement;
1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the chosen criminal punishment, Articles 70(1) and 69(2) of the Criminal Act of choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is the background of the crime of this case and the amount obtained by deception.