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A defendant shall be punished by imprisonment for six months.
However, the execution of imprisonment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
In February 2014, the Defendant would make the victim D, operated by the victim D in Seoul, Jung-gu, Seoul, as a finished product to reduce the raw and secondary materials, etc. to establish a bank, and would pay the cost of processing KRW 8,500 per unit of bank to the victim on the day on which the goods are received.
“.......”
However, the Defendant did not have any intent or ability to pay the credit amount, office operating expenses, and wages of employees, etc. while the Defendant has a debt amounting to KRW 30 million due to the absence of any particular property.
Nevertheless, the Defendant, by deceiving the victim as such, received from February 2014 to April 2014 a bank of 1,400 won (a total of 11,900,000 won per opening) from the victim, and received financial benefits worth KRW 27,778,00,00 in the same manner as indicated in the list of crimes in the same manner from around that time to May 2014.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement in a complaint;
1. Application of the Acts and subordinate statutes in each police statement protocol to E and F;
1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the stay of execution (the fact that the crime was committed, the fact that the crime was committed, and the victims' intention not to punish them);