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A defendant shall be punished by imprisonment for four months.
except that 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 December 2, 2010, the Defendant called “I would deliver plastic sets to D at the end of the month,” by phoneing the staff of the victim B corporation to C.
However, the facts are difficult to maintain the financial status due to the failure of the former transaction partner to pay the price, and the defendant did not have any intent or ability to pay the price for the goods within a given period, even if the goods are supplied by the victim due to the lack of particular assets.
The Defendant, as such, by deceiving the above C, received from the victim company the delivery of ABS plastic sets equivalent to KRW 2,942,830 at the market price around December 13, 2010.
In addition, from March 14, 2011 to March 14, 2011, the Defendant received a total amount of KRW 21,149,260 from the victim company eight times in total, as shown in the attached list of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Statement of the police statement regarding C;
1. A complaint;
1. Application of the statute of the sentencing report
1. Relevant legal provisions concerning criminal facts: Article 347 (1) of the Criminal Act (Overallly, the choice of imprisonment);
1. Suspension of execution: The grounds for sentencing under Article 62 (1) of the Criminal Act: The scope of mitigation among general fraud of less than 100 million won, the scope of sentencing within one year (a weak degree) and all other circumstances shown in the oral argument;