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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal records] On February 3, 2016, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution as a result of obstructing the exercise of rights in Daegu District Court racing support, and the said judgment became final and conclusive on November 25, 2016.
[2] On September 2014, 2014, the Defendant: (a) at the non-fluent screen golf club operated by the victim D, the Defendant: (b) on September 1, 2014, the Defendant: (c) had three plastic containers 40 feet in the Republic of Korea in the Philippines while waiting for shipment, and (d) had funds as soon as possible at the scene of the Philippines.
A loan of KRW 100 million shall be repaid within 30 days after the arrival of the goods.
“A false representation was made.”
However, the defendant did not have any intent or ability to repay the debt of the company operated at the time to the amount of KRW 2.3 billion, and the amount of national tax is overdue, so even if he borrowed money from the injured party, he did not have any intention or ability to pay it normally.
Nevertheless, on September 15, 2014, the defendant deceivings the victim as above and was transferred KRW 100 million to the Agricultural Cooperative Account (Account Number: E) in the name of the defendant around September 15, 2014.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. The legal statement of witness F and G;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made to D or G by the police;
1. Investigation report (verification of payment details of value added taxes and corporate tax) - reply to a request for cooperation with an investigation (verification of payment details of value added taxes, etc.);
1. An investigation report (Attachment of details of import clearance declaration) - reply to a request for cooperation in an investigation;
1. Certificates of cash custody;
1. Investigation Report (Reference Materials for Suspects) - Part 1 of the Statement of Inquiry into Details of the prohibition of dispatch per party, Part 1 of Fact proof, and one copy of a certificate of debt balance;
1. Investigative Report (Attachment, such as a detailed statement of passbook transactions to be submitted to suspect), - Certified copies of donation such as certificate of registration of a business operator (H), certificate of waste import declaration, certificate of import declaration, receipt certificate, tax invoice, receipt certificate, receipt certificate and receipt certificate, import cargo request;