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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The defendant is a person who operates a livestock products wholesale and retail business.
On April 2014, the Defendant stated that “The Defendant slaughtered 120 dubs per day at the company operating within the country, with an average of 120 dubs from the company operating within the country, and changed the amount of 50 million won as the deposit for reducing the supply of slaughter by-products” to the victim’s office operated by the victim C in Gwangju North-gu, Gwangju.
However, the Defendant did not have the above slaughter performance, and the financial and operational situation was not good enough to pay the four premiums of employees, so the Defendant did not have the ability to supply the by-products from slaughter as agreed even if the money was received from the victim.
Around April 14, 2014, the Defendant, as above, made a false statement to the victim and obtained a gold of KRW 50 million from the account in the name of E operated by the Defendant from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each protocol of examination of the suspect for the prosecutor and the police accused (includingC substitute interrogation);
1. Application of Acts and subordinate statutes to a complaint, copy of passbook, loan certificate, and written confirmation of transaction (Evidence Nos. 1, 2, 3, 11)
1. The reason for sentencing of Article 347 (1) of the Criminal Code of the pertinent statutory provisions on criminal facts [the scope of recommending punishment] There is no basic area (6 to 100 million won) (6 to 1 year and 6 months) of the first category (6 to 100 million won) of the general fraud [the decision of sentencing] [the decision of sentencing] reflects the mistake of the defendant while committing the instant crime, but the damage amount and damage were not recovered at all.
In addition, it is decided as per Disposition by comprehensively taking into account all the circumstances revealed in the investigation and trial of this case.