Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
In September 201, the Defendant stated, “E” offices operated by the victim D in Jeju-si, Jeju-si, that “The Defendant would supply the building materials to the victim at a construction site located in the A-si, Jeju-si, A-si, and pay the victim the price for the building materials on every 10th day of each week.”
However, due to the aggravation of financial standing, the Defendant was unable to pay the construction cost of KRW 227 million as the construction cost of the existing customer was no longer paid due to the aggravation of financial standing, and the construction was suspended as well as there was no intention or ability to pay the construction cost even if F et al. was supplied with the construction cost by the victim because F et al. had provisionally attached the Defendant’s claim against the project owner.
Nevertheless, the Defendant received building materials equivalent to KRW 1,790,000,00 from the victim on September 22, 2011, including the supply of building materials equivalent to the total of KRW 35,308,80,000, from around October 29, 2011, as shown in the crime list, from around 19 times, and acquired them by deception.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of Acts and subordinate statutes to a copy of the complaint (G), copy of the complaint (H), and copy of the complaint (I);
1. A favorable circumstance may be considered, including the fact that the defendant does not have any criminal records identical to the defendant for the reason of sentencing under Article 347(1) of the Criminal Act, that part of the amount of damage was deposited, and that it is against the fact that the punishment is being reflected in the pertinent legal provisions on criminal facts.
However, since the amount of damage caused by the crime of this case is large and most damage has not yet been recovered, the sentence of the defendant is inevitable.
Accordingly, this Court shall determine the same sentence as the order, taking into account all the sentencing conditions prescribed in Article 51 of the Criminal Act, including the above various circumstances.
However, there is apprehension that the defendant may flee.