beta
Text
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. On December 9, 2010, the Defendant against the victim C made a false statement to the victim C, stating that “The victim would have installed concrete brick equipment in the G office operated by the party, and the contract deposit amount of KRW 200 million, including KRW 50 million.”
However, the defendant did not have any specific property except for the claim for installation of machinery equivalent to one billion won, which is almost impossible to recover at the time, and there was no other method of raising this funds. The defendant did not have the intention or ability to install machinery to the victim.
As above, the Defendant’s deception of the victim and the Defendant’s statement in the indictment on December 17, 2010 is apparent that the phrase “ December 28, 2010” in the indictment is a clerical error in the phrase “ December 17, 2010.” As such, the correction is made, and even if the correction is made, there is no disadvantage in the Defendant’s exercise of the Defendant’s right to defense. Thus, the correction
From around December 5, 201 to around December 5, 2011, the post office account in the name of H and post office account in the name of the defendant in the name of H, such as the statement in the list of crimes attached hereto, were remitted and acquired through the remittance of KRW 47,040,000 over 31 times.
2. On August 17, 2011, the Defendant made a false statement to the victim I on August 17, 2011, stating that “The victim I would have installed brick-type machines worth KRW 520 million within 60 million on the face of the concrete brick-type machines owned by the J, a company run by the Defendant, with a contract amounting to KRW 90 million in part, KRW 10 million in part, and KRW 10 million in part, and KRW 520 million in part, and that the remainder is 40 million in part, by producing bricks.”
However, the defendant did not have any specific assets except for the amount of money for installation of machinery equivalent to one billion won, which is almost impossible to recover at the time, and there was no other method to provide this funds to the victim.