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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
The Defendant is a person who actually operated the “E” as a production chain from September 201 to June 2012, 201, such as a photograph d 493 of the 4th floor of the Gangnam-gu Seoul Metropolitan Government C Building.
On December 2, 2011, the Defendant concluded a verbal contract with the Defendant that “I” voucher sold by the Defendant Company would normally provide the buyer with services in accordance with the above voucher at a price of 50% compared with the arm’s length price through a social strawer company, and then, “G” with the seller and H who sells the voucher through “G”. Although there is a temporary delay in production, the Defendant would normally provide the services indicated in the voucher.
“The purpose of “ was to make a false representation.”
However, in fact, in the event that the above voucher is sold at a price of 50% compared to the arm's length price through social money, there is almost no profit if it excludes sales commission (1%) and cost (37-38% based on the arm's length price) incurred in production, such as Alfa, etc., so the capital is three million won and the fixed cost, such as monthly rent, employee pay, etc., is paid 80-9 million won, even if the sale price of the above voucher is settled, there is no intention or ability to provide the service specified in the voucher normally.
The Defendant received from the injured party the total amount of KRW 58,54,500,00 from January 30, 2012 to May 29, 2012, the sum of the sales proceeds of the above usage voucher was transferred to the injured party at least nine times.
Accordingly, the defendant was given property from the victim by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspect of the police against J;
1. Statement made by the police with regard to F;
1. Business registration certificate;
1. The screen of the closure of a course;
1. Details of transfer to each account;
1. The settlement of accounts for the sale of diskettess;