Text
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
From July 1, 2009 to December 31, 2012, the Defendant is a person who operates a company under the mutual book of D'.
On March 21, 2011, the Defendant told F, an employee of the victim “E” corporation, to the effect that “SOSHIN ST45-B, 2008 Form” in the indictment was corrected as it is apparent that it is a clerical error. After purchasing the indictment, the Defendant would allow D companies to use the lease, thereby allowing D companies to receive rent. The Defendant is supplied with a set-off period of KRW 100 million.”
However, at the time of fact, the three-dimensional pest control period is not G ownership, but “the ownership of a stock company,” and the Defendant used the three-dimensional pest control period by leasing the three-dimensional pest control period from the company at the time: from December 8, 2010 to December 7, 2013: therefore, even if the victim received KRW 100 million from the victim, there was no intention or ability to transfer the victim’s ownership of the three-dimensional pest control period.
Nevertheless, on March 21, 201, the Defendant, by deceiving the employees of the victim, received KRW 100 million from the victim to the new bank account G for the short-term prevention and removal sales proceeds.
Summary of Evidence
1. Statement by the defendant in court;
2. The police statement of H;
3. Application of Acts and subordinate statutes to a facility lease contract, a sale contract, or a siren contract;
1. Relevant legal provisions concerning facts constituting an offense, and Article 347 (1) of the Criminal Act of the option of imprisonment;
2. Article 62 (1) of the Criminal Act;
3. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act, deeming that the result of the crime was significant in light of the instant damage, etc. are elements of sentencing unfavorable to the Defendant.
On the other hand, the fact that the defendant recognized the facts charged and reflected the facts charged, that the defendant paid approximately KRW 80 million to the victim as lease deposit and lease fee, and that there has been no criminal records that can be noted so far, etc. are favorable to the defendant.