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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal record] On May 27, 2015, the defendant was sentenced to five years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Busan High Court, and the above judgment became final and conclusive on June 4, 2015.
[Criminal facts]
1. On October 28, 2010, the Defendant: (a) at the location of the Busan Bank located in the Busan Bank located in the Northern-dong, Seopo-gu, Busan; (b) borrowed money from the victim B as the material cost is required; (c) the Defendant borrowed money from the Busan Bank; and (d) made a false statement that he/she would receive money from a lender.
However, since the defendant did not enter into a contract with C, it was thought that the above money was used for business expenses, not for material costs, since there was no need for material costs, and the defendant had no intention or ability to repay the money even if he borrowed it from the victim because he did not receive KRW 500,000,00,000 from Spoco, and the defendant did not receive KRW 50,000,000,000 from the victim.
The defendant deceivings the victim as above and received delivery of KRW 70 million on the same day from the injured party.
2. After borrowing the money as above, the Defendant had the intent to forge the purchase contract of goods and the advance payment guarantee in order to show that the above contract was concluded normally by the victim.
A. On January 201, 201, the Defendant entered into a contract for the production and supply of SHL with C (State) electricity between the project owner C (State) representative director F and the recipient (State representative director) E representative director A at the E office operated by the Defendant located in the Busan Dong-gu, Busan.
On August 16, 2010, the delivery date: February 15, 2011; the payment amount: KRW KRW 100,000,000 per day; August 16, 2010; and the seal of the C representative Director, who is arbitrarily dismissed on the side of the above F name of the contract for the purchase of goods entered as “F of the C representative Director of the Co., Ltd.”.
The defendant is therefore entitled to exercise.