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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
【Criminal Records, etc.】 The Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Labor Standards Act at the Jung-gu District Court on September 10, 2010, and one year of suspended execution on the 18th of the same month, and the above judgment was finalized on the 18th of the same month, and the Defendant served as the president of the medical corporation B, from December 17, 2007 to February 25, 2009.
【Criminal fact-finding on December 22, 2008, the Defendant made an investment in the above hospital to the victim D (former E before the opening of the name) who is operating the main store in the coffee shop near Mapo-gu Seoul apartment on December 22, 2008.
On the other hand, the interest on the second part of a month may be guaranteed, and the interest may be reduced according to the management profits.
1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”
However, at the time of this fact, the above B foundation had aggravated financial difficulties to the extent that it was unable to properly pay the employee's benefits even in excess of its liabilities. However, even if the Defendant did not have any particular property or revenue source and did not intend to make a new investment in the above convalescent hospital and received the investment money from the injured party, there was no intention or ability to pay the principal and interest properly as above.
Nevertheless, the defendant deceivings the victim as above and received 300 million won from the injured party, namely, the above investment money.
Summary of Evidence
1. Statement made in D in the protocol concerning the examination of the accused by the prosecution;
1. Statement made by the police against D;
1. Certificates of the operation of promissory notes, decisions (2010 meetings of Ministry of Finance and Economy 3), investigation reports (States) (B) accounts analysis of the Foundation);
1. Each judgment (the highest court's 2010 highest court's 99 high court's 2010 high court's 2010 high court's 952 high court's 2010 high court's 1459 high court's 2009 high court's 2010 old 65, etc.);
1. Previous convictions in the judgment: (A) and the text of the judgment (Law No. 2010, No. 952) shall apply to inquiries;
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. The latter part of Article 37 of the Criminal Act, provided that Article 39, Paragraph 1.