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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From May 19, 2011, the Defendant: (a) from around 19, 2011, CD Co., Ltd. (hereinafter “AD”) operated a manufacturer of reinforced glass for mobile phones; (b) had been aware of the victim D while conducting hosting at “Mannam”, which was a smartphone-making display, around February 2012.
Around May 3, 2013, the Defendant: (a) driven the E-UP car and used the Yangsan-UP highway from Yangsan to Kim Sea, the Defendant stated to the effect that “A company’s factory is divided into six places; (b) a company’s factory is to be integrated; (c) a company’s factory is required to be loaned KRW 50 million after one month; and (d) on May 21, 2013, the Defendant said to the effect that “A company will pay KRW 50 million to the victim for a factory integration at the company’s office.”
However, in fact, the Defendant intended to construct a new factory to combine a factory that has been divided into three places around February 13, 2012, but failed to pay the scheduled construction price, and failed to pay it properly, and the Corporation did not proceed properly (the discontinuance and repeated discontinuance of the construction work was discontinued on June 2013). On May 2013, 2013, the Company was in urgent need for operating funds because it was unable to pay goods or wages normally, and there was no personal property of the Defendant. Accordingly, even if the Defendant borrowed money from the victim around May 2013, the Defendant did not intend to use the entire amount as the construction price and did not have any intent to pay it within one month.
The Defendant received each remittance of KRW 50 million from the victim who trusted the horses of the above Defendant and KRW 5 million around May 3, 2013, and around the 21st day of the same month.
Accordingly, the defendant, by deceiving the victim, received a total of 5 million won from the victim and acquired it by fraud.
Summary of Evidence
1. The defendant;