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A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant and the victim B came to know through the 14th highest course of Cuniversity management graduate schools.
On May 17, 2019, the Defendant stated that “E” at the transmission point of Yeonsu-gu Incheon Metropolitan City D, “E”, “A vehicle leasing cost and electricity charges are insufficient, and only a short-term vehicle is the distribution system.” On the 22th day of the same month, the Defendant stated that “one million won and one million won will be repaid immediately with the borrowed money.” On the 27th day of the same month, the Defendant: “A company’s insurance premium and loan are difficult because it was difficult for the company to make it difficult; on the other hand, at the restaurant of “G” located in the Nam-gu Incheon Metropolitan City, Dong-gu, Incheon; on the grounds of the case of a mechanical installation contract, there was money to be paid by the customer; and on the other hand, on September 1, 2009, the Defendant would be repaid if the Defendant entered the delivery system.”
However, in fact, the defendant is operating a company and sent a written estimate related to the issuance of machinery to the Customer H, but the contract is not concluded, and it does not receive the down payment in August 2019. The defendant has already been liable for financial rights equivalent to KRW 760,000,000, and there was no intention or ability to pay the money borrowed from the victim properly because the financial status of the company has deteriorated to the extent that the employee's benefits are not properly known.
Nevertheless, the Defendant, by such falsity, deceivings the victim from such falsity, and thereby, acquired a total of KRW 56 million from the victim to the International Bank Account (J) in the name of the Defendant on May 17, 2019, KRW 100 million on the 22th of the same month, and KRW 28.5 million on the same day.
Summary of Evidence
1. Legal statement of the witness B;
1. The defendant and the defense counsel are working as a director of the company operated by the defendant and know of the overall management of the company and financial status of the victim. The defendant and the defense counsel are well aware of the credit information processing records and the investigation report of transfer confirmation (the telephone conversations for appointment of HK by facsimile.).