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A defendant shall be punished by imprisonment with prison labor for not more than ten 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
[Criminal Power] On January 8, 2019, the Defendant was sentenced to a suspended sentence of two years in October of imprisonment without prison labor for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) in the Youngcheon District Court’s Monthly Support on January 8, 201, and the above judgment was finalized on January 16, 2019
【Criminal Facts】
The victim is the victim B and C in the facts charged of this case.
However, since the parties to the contract are B, C, D and E farming association, the representative party to the contract, the victim of fraud is the corporation D and E farming association, and it is right to view B and C as the defrauded.
If it is proved that there is a difference between the victim of the property in the indictment and the victim in the indictment as stated in the indictment is not detrimental to the identity of the charges, and the defendant's exercise of his/her right to defense is not disadvantaged, it is necessary to ex officio, without the amendment of indictment, to admit him/her guilty by pointing out the victim other than the victim in the indictment with the actual situation (see, e.g., Supreme Court Decision 2001Do6876, Aug. 23, 2002). In accordance with the legal evaluation on whom the victim can be viewed as a person, even if he/she is not B, C, but as the representative, D and E farming association corporation as the victim in the indictment, it cannot be said that the defendant
The defendant is the representative of F Co., Ltd. of the agricultural company that produces and sells kimchi, and B is the representative of F Co., Ltd. of the victim Co., Ltd. who supplies food materials, such as distribution, and the representative of the victim E Co., Ltd. who supplies food materials, such as Cdo distribution.
1. On November 30, 2018, the Defendant made a false statement that “The victim company’s representative B, who supplied a drilling, would immediately pay the remainder within the two months of the cost.”
However, the defendant is proceeding around that time.