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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The defendant was the representative director of C Co., Ltd.
On March 20, 2013, the Defendant entered into a false contract for construction work that “A contracting to install a consortium and steel structure in the company C Gwangju Logistics Co., Ltd., Ltd., a company operating within the inside and outside of the country” at the F office operated by the victim E in Gangnam-gu Seoul, Seoul, and the eightth floor, and made a false statement that “A contracting to install a consortium and steel structure” was issued on the basis thereof and paid in cash at discount and paid in bills one month prior
However, the above C received a discount from G to pay KRW 379,50,000 on October 12, 2012, and KRW 330,00,000 on October 22, 2012, and thereafter, on January 3, 2013, the above C had to pay the above amount in C due to the settlement of the said bill in arrears, and there was no intent or ability to pay the amount of the bill one month prior to the maturity of the bill, even if the Defendant discounted the amount upon receiving the bill from the injured party, due to financial standing, such as the default of payment of the said bill, and there was no debt exceeding five billion won, and there was no intention or ability to pay the amount of the bill at least one month prior to the maturity of the bill.
As above, the Defendant was issued with an electronic bill number H, the issue date of the electronic bill “H”, “date of issuance of the bill, September 30, 2013”, “450,000,00”, “1 of the electronic bill number, “I”, “date of issuance of the bill”, “date of issuance of the bill, March 28, 2013”, “150,000”, “150,000”, and “2 of the electronic bill,” respectively.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police to J;
1. A detailed statement of land, a certified copy of the register of a building, a provisional seizure and establishment entered in a certified copy, a lending and borrowing agreement of bills, and a bill issuance;
1. Application of Acts and subordinate statutes to report on investigation (Submission of Materials);
1. The grounds for sentencing (the scope of recommending punishment) of Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts [the scope of recommending punishment] (the scope of punishment shall be not less than 500 million won, but less than 500 billion won) are the basic area (2 to 6 years). As a result of the combination of these types of concurrent crimes, the lower limit is 1/3.