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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Records] On November 20, 2015, the Defendant was sentenced to a suspended sentence of two years in October, 2010 to imprisonment with prison labor for occupational and bodily injury, etc. at the Daejeon District Court’s official branch, and the judgment became final and conclusive on the 28th of the same month.
[Criminal facts] The defendant, at the office of the defendant in the city of official residence B around September 29, 2008, ordered the victim D to put one house in KRW 50 million.
The phrase “as it is necessary to purchase timber in advance and to speak, 25 million won should be changed with advance payment.”
However, even if the Defendant received KRW 25 million from the injured party, it was thought that the Defendant would pay the existing material price liability or use all the personal living expenses. At the time, the bank debt amounted to KRW 100 million and the personal debt amount was equivalent to KRW 300 million, and the business operation was difficult, and thus, there was no intention or ability to return the money received from the injured party to the injured party.
Nevertheless, the defendant was transferred KRW 25 million from the victim of the above day to the victim of the Korean-style timber price.
The Defendant was given a total of KRW 57 million from the injured party, as described in the list of crimes in the attached Table, five times from that time to July 31, 2009 by the foregoing method.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police against D;
1. Each investigation report (Attachment of details of account transactions submitted by a suspect, attachment of personal credit information of a suspect A, and details of transactions with head of a post office E by a suspect);
1. Details of remittance, receipts, each individual financial transaction, a detailed statement of each savings deposit transaction, a detailed statement of free savings deposit transaction, a detailed statement of account transaction, and a credit information set forth in A;
1. A previous conviction: Application of a reply to inquiry, such as criminal history, report on investigation (a concurrent confirmation after Article 37 of the Criminal Act), and copy of the judgment, one copy of the judgment;
1. Article 347 of the Criminal Act concerning criminal facts and the choice of punishment