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A defendant shall be punished by imprisonment for two years.
An applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
The Defendant is a person who has been operating E (hereinafter referred to as “E”) a company that manufactures and installs a water tank from steinty risk d in netcheon-si.
E transferred from around 2009 to F in 201, enormous amount of money was required, and around 2012, the amount of tax equivalent to KRW 900 million started due to tax investigation, and its operation was difficult. Since around that time, it was appropriated for the company's operating expenses due to loans to reduce the company's sales from around that time, and around June 2015, it was a situation in which the total amount of the debt such as financial right loan debt amounting to approximately KRW 3.5 billion and the debt amounting to KRW 1.5 billion was caused by the debt amounting to KRW 5 billion.
On June 2, 2015, the Defendant would supply steel materials to G, the representative of the victim at the victim C Factory Office located in F at the time of leisure around June 2, 2015, and offer the price within 60 days on the face of the week.
It is not known that it is possible to observe the promise as a matter of course, but as a condition.
“A false statement” was made.
However, in fact, E used most of the sales proceeds that have been owed KRW 5 billion at the time, and most of them have been used in paying the debt principle, and even if they have been supplied with steel materials from the injured party, E did not have the intent or ability to pay the proceeds.
The Defendant deceptioned G as above, and had E supply of steel materials equivalent to KRW 702,718,339 from June 2, 2015 to August 26, 2015.
Accordingly, the defendant deceiving G and caused E to receive the victim's property.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness G;
1. Each legal statement of the witness H and I;
1. Inquiry into details of deposit transactions, and details of deposit and use of funds by the Jeju Public Procurement Service;
1. Current status of accounts payable on credit, current status of fixed expenditure, status of loans, current status of the arrival of purchasing funds, loans and unpaid benefits;
1. A certified copy of a register, a tax statement, etc.;