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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The defendant was a representative director of D Co., Ltd.
On December 9, 2014, the Defendant’s telephone from the office of the above company located in Bupyeong-gu Incheon Bupyeong-gu, Incheon, to F, an employee of the Youngjin Industrial Safety Co., Ltd. who is the victim, requires goods that have recently been created.
It is intended to approve the price of goods immediately.
“On the same day, from the time of being supplied with an industrial safety protection organization equivalent to KRW 15,357,100 by the injured company, from January 15, 2015, it received total of KRW 93,520,900 from five persons, such as the safety of the injured company, the safety of the industry, etc. until January 15, 2015.
However, even if the defendant did not have the intent or ability to pay the price of the goods due to the difficulties in the management of the company at the time, he obtained the above amount by fraud from the victims.
Summary of Evidence
1. Partial statement of the defendant;
1. The legal statement of F, G, H, I, J, and K;
1. A protocol concerning the examination of partially the accused by the prosecution;
1. A protocol concerning the examination of partially the police officers of the accused;
1. Each police statement made against F, G, I, H, K, L, or M;
1. The defendant and his defense counsel argued to the effect that at the time of receiving industrial safety products from the victims, the defendant and his defense counsel had the intent and ability to pay such products. However, in full view of the following facts and circumstances acknowledged by the evidence adopted and investigated by the court, the defendant did not have the intent or ability to pay such products to the defendant at the time of receiving the said products from the victims.
In this regard, (i) products amounting to 60% or more of the immediately preceding one year transaction with the victims have not been ordered and the products have not been paid for the two months.
The goods traded by the Defendant and the victims are mainly the safety goods at the construction site, and the safety goods are the construction works.