Text
A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
The Defendant Co., Ltd. (hereinafter referred to as “C”)
is the representative director of the Commission.
On May 12, 2011, the Defendant, at the office located in Nam-gu Incheon Metropolitan Government D, sold the victim E with 60% of the selling price from the scopian Co., Ltd., Ltd., and thus, the Defendant would offer the victim the payment of KRW 50 million as part of intermediate payment to the co-seller.
In other words, C was transferred from the victim to C’s corporate bank account on the same day.
However, the Defendant was planning to use the money received from the victimized party as the corporate fund due to the shortage of funds C, and the Defendant, although there was no intent or ability to pay the intermediate payment, makes a false statement that he/she would make an investment in the part payment to the victimized party, and obtained the above KRW 35 million from the victimized party to receive the said KRW
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of the Acts and subordinate statutes to the complaint;
1. Although the relevant Article of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, and the amount of the reason for the sentencing of the punishment through deception is reasonable, it is not easy to recover the damage due to the failure to do so.
However, the punishment is determined as ordered by taking into account all kinds of sentencing conditions, such as the fact that the defendant is against this, the fact that there is no criminal history, the sentence of the prosecution, the defendant's age, sexual conduct, environment, motive and circumstance of the crime, and the circumstances after the crime.