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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
The Defendant is the vice president of the Victim H Co., Ltd. (hereinafter referred to as “victim”) who is a distribution company located in the third floor of the building located in Seocho-gu Seoul Metropolitan Government, Seocho-gu.
The Defendant assumed the personal obligation equivalent to KRW 200 million, and was thought to be used for personal purposes, such as repayment of the Defendant’s personal obligation, entertainment expenses, etc. Even if the Defendant received the payment from the victimized Company. Since the Defendant was a person who is not at all related to the purchase and sale of the Plaintiff’s land, the Defendant actually purchased and sold the land, and the Defendant did not have the intent or ability to pay the sales proceeds to the victimized Company. However, around July 2015, the Defendant received 00 won in total from the said K K to the account under the name of 60 days in the name of 30-day bank from July 24, 2015, the Defendant received 70-day funds from the said K to the account under the name of 60-day bank account from 00,000 won in the name of 60-day bank and 60-day bank account transfer to 300,000 won in the name of 60-day bank account.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to K in the police statement;
1. Inquiry into details of transactions of deposits and withdrawals, details of intended purchase of suspect notes, certified copies of the corporate register, and statements of deposits;
1. The application of Acts and subordinate statutes to the investigation report ( listening to K's statement by the complainant's agent), investigation report (attached to a copy of a deposit certificate), and copy of the deposit certificate attached thereto;
1. Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, the grounds for sentencing of sentence of imprisonment [the scope of recommending punishment] and Article 2 type (100 million won or more, and less, less than 500 million won) and basic area (1 to 4 years) [the person who is subject to special sentencing].