Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
[criminal records] On August 12, 2015, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Suwon Friwon, and the judgment became final and conclusive on August 20, 2015.
[2] On December 28, 2007, the Defendant, at the office of D Co., Ltd. (hereinafter “D”) operated by the injured party C (hereinafter “D”), entered into a contract with the Defendant, E, and F, to sell 1,000 square meters of warehouse 1,200 square meters to a third party by extending warehouse 1,200 square meters, and to pay the purchase price to the injured party.
At around 11:00 on January 11, 2008, the Defendant stated that “The Defendant would complete payment within 2-3 days on the loan of KRW 20 million as the amount of advance to purchase the sn beamline to the victim in relation to D’s extension work” to the victim at the above office is urgently needed.
However, the Defendant did not have the intent or ability to carry out the extension work, such as purchasing the sn beam beam, and did not have the intent or ability to repay the money normally even after borrowing the money from the injured party.
The Defendant received 20 million won in total, including 10 million won in front of the check (the check number: G, the issuer’s post office, the date of issuance: January 10, 2008) and 10 million won in front of the check (the check number: H-I, the issuer’s post office, the date of issuance: January 10, 2008) from the injured party on the same day on the same day.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police against C;
1. A copy of a trade agreement, a copy of a trade agreement, a copy of a contract for transfer by a corporation, a copy of a contract for contract, and a check in front
1. Inquiry into criminal history, report on investigation (verification of criminal history and relationship), application of the text of the judgment;
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act: