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A defendant shall be punished by imprisonment for six 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
On March 21, 2012, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspended execution on the grounds of the charge of conducting false securities at the Suwon Franchisium on March 21, 2012, and the judgment on the 29th day of the same month
On October 21, 2010, the Defendant would give payment after one month to E, a business director of the victim corporation D, at the office of the C Company located in Ssung City around October 21, 2010.
“.” The purport was “.
However, the Defendant was unable to pay the F Company wages to its employees while operating the F Company. In 2008, the Defendant continued to bear the amount equivalent to 30 million won out of the liabilities due to the default of payment for the operation of the F Company. Even if the liabilities incurred in the operation of the F Company amount to about 100 million won and the products were supplied from the injured party, the Defendant did not have the intent or ability to pay the amount properly to the injured party.
Nevertheless, the Defendant, as seen above, by deceiving E, received from the injured party the supply of dynas worth worth KRW 25,00 on October 13, 2010, and KRW 13,200,000 on November 30, 201, and acquired the said supply of dynas cutting and dynas worth KRW 13,20,00.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A tax invoice, a payment note;
1. Previous convictions: Criminal career data, reporting of the previous convictions of the disposition and reporting of the results thereof, and applying the statutes of the judgment;
1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Selection of Punishment;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act provides that even though the damage has not been recovered, his/her mistake is recognized and reflected, there is no criminal record exceeding the same criminal record or fine before the instant crime is committed, and consideration, such as equity in cases where the judgment is made simultaneously with the first head crime of the judgment that is in a concurrent relationship between the instant crime and
1. Order of community service;