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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Criminal facts
On November 20, 2015, around 14:00, the Defendant produced and supplied an plant to AY from the suspender hole to the victim AY, while presenting a copy of the business registration certificate in the name of AY to the (ju) suspender room located in the 103-58 Sinju-si, Kimhae-si. The Defendant will receive five hundred million won for supply from the price of goods within one week.
The amount of KRW 30 million per head is urgently needed due to the tax settlement problem.
To lend money, the bill shall be repaid immediately, and KRW 100 million out of the bill of exchange of KRW 500 million shall be lent.
‘False speech' was made.
However, in fact, there was no fact that plant was manufactured and supplied for AY in a string machine, and it was intended to purchase and discount bills issued by AY with loan funds as above.
Even so, the Defendant: (a) by deceiving the victim as above; (b) delivered two copies of the check to the victim’s own face value of KRW 10 million from the victim; and (c) transferred KRW 10 million to the SC bank account (number BA) in the name of the Z.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for AX;
1. Application of Acts and subordinate statutes to verify transaction details, specifications of transaction of automation devices, and details of issuance by the real name number of check before oneself;
1. The grounds for sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts and Article 347(1) of the choice of punishment (selected to imprisonment) include: (a) the Defendant’s mistake in depth is unrecognified and reflected; and (b) the damage caused by the instant crime has not yet been recovered to the present time; and (c) the Supreme Court’s sentencing guidelines for the sentencing commission were determined in full view of the following factors: (a) the motive, means and result of the instant crime; (b) the circumstances after the commission of the crime; (c) the Defendant’