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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 has carried on construction business under the trade name of Youngcheon City Co., Ltd. D.
On January 29, 2013, the Defendant made a false statement to the effect that “The Defendant works for the victim G as the representative director of D, and returned to February 11, 2013.” The Defendant made a false statement to the effect that it would be 20 million won or more at the present moment, and that it would be able to pay a discount on promissory notes, as long as it is possible to pay interest, it would be 20 million won or more, and it would be possible to pay a discount on promissory notes immediately if it is possible for the Corporation to pay off several funds.”
However, the Defendant did not have any intent or ability to pay the payment of a promissory note on the settlement date, even if a promissory note is discounted by the victim, on April 29, 2013, as well as around KRW 300 million, on real estate in the name of the Defendant and his wife, the collateral security was set at approximately KRW 740 million, while a promissory note is settled in the form of a tentatively named “defluence” with little assets of the company, and even if a promissory note is discounted by the victim.
Nevertheless, on February 1, 2013, the Defendant, by deceiving the victim as such and receiving 40,60,000 won from the account under the name of D Co., Ltd. on February 1, 2013, under the pretext of the discount of promissory notes from the victim.
4. Until December, 12. A total of KRW 120,1510,000 was issued on six occasions as shown in the annexed list of crimes.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. The defendant's partial statement in the second protocol of trial;
1. Statement made by witnesses G in the third protocol of trial;
1. Statement made by a witness H in the fifth trial records;
1. Some of the interrogation records of the accused by the prosecutor (first time)
1. Copies of promissory notes;
1. Full certificate of registered matters, copy of business registration certificate, copy of a sales contract of lending, inquiry of details, and inquiry of facts 1.