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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On December 28, 2011, the Defendant entered into an installment financing agreement with the victim C C C C C C C/L with the terms of new purchase of the wood scrap amounting to KRW 100 million (hereinafter “victim C”) and the installment financing agreement with the terms of KRW 100,00,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,00,00
However, the above wood crushing was not a new purchase but a prior purchase by the defendant, and was sold to the other company and used again by the company.
As above, the Defendant deceptioned the damaged company, and then acquired 100 million won from the damaged company and acquired it by fraud.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to file a complaint, an installment financing agreement, a contract for lease of equipment, a sales contract for equipment, an immediate transfer output, a transfer for security, a contract for transfer for security, and a report on investigation (Submission of relevant documents
1. Considering that Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the Criminal Act’s reasoning for the fraud of punishment exceeds KRW 100 million, and that the injured company wants to punish the accused, a serious punishment is required against the accused. However, the accused does not have any criminal record of suspension of execution or more, and the confession of the crime and reflects it, the Defendant pays to the victimized company the principal and interest of KRW 38 million out of the borrowed money, and the motive, means and result of the instant crime, the circumstances after the commission of the crime, the age, character and conduct of the accused, and family environment, and the sentencing guidelines as set forth in the above order are partly revised and the sentencing guidelines are partly revised.