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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On December 23, 2010, the Defendant made a false statement to the victim E that “When there is a need to pay money to purchase a letter-to-door machine, 200 million won is lent with the mechanical value, the Defendant would have to set up a security on the newly purchased structural frame and supply guidance.”
However, at the time, the Defendant was suffering from a bank obligation of KRW 1.3 billion, and the Defendant was trying to purchase the above machinery in order to prevent the business from being defaulted due to a decrease in sales in circumstances where it is difficult to pay interest, and even if the Defendant borrowed money from the victim, the provision of security was prohibited until the balance is paid in full at the time of the purchase of the machinery. As above, if the machinery was purchased in one additional form of machinery, it is possible to provide a security deposit for approximately KRW 400 million and KRW 500 million and KRW 400 million and KRW 500,000. However, even if the machinery was purchased from the victim because there was no intention or ability to pay the above large amount of deposit, it was impossible to operate the above machinery and produce the frame and supply it to the victim in a stable manner, and there was no other ability to repay the above borrowed money.
Nevertheless, the Defendant received KRW 50 million from the victim (1) on December 23, 2010, as the machinery down payment of flag flag machines around December 23, 201; (2) around February 16, 201, transferred KRW 100 million as the machinery intermediate payment; and (3) around May 13, 201, transferred KRW 50 million as the remainder of the machinery as the remainder of the machinery, and acquired it by deception 200 million.
Summary of Evidence
1. Legal statement of witness E;
1. A protocol concerning the suspect examination of the accused;
1. Part concerning E statement in the police interrogation protocol of the accused;
1. The fourth time against the defendant;