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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 30, 2014, the Defendant joined the 2,6, and 9 equal order of priority of the victim D who operates a fishery company in Jung-gu Incheon Metropolitan City, Jung-gu, in order to pay KRW 400,000 per month to the number fraternity of the total 26 old unit (50,000 per month after the receipt of the guidance).
However, the defendant had been responsible for the total amount of KRW 100 million since the deficit of the fishery company he operated was continuously accumulated at the time, but there was no property owned otherwise, so even if he received the fraternity from the injured party, he did not have the intention or ability to pay the fraternity according to the agreement.
Ultimately, the Defendant, as seen above, by deceiving the victim, received KRW 30,1100,000,000,000 from the victim, the second priority order around November 30, 2014, KRW 10,400,000,000,000,000 around April 1, 2015, and KRW 9,070,000,000,000,000,000 around July 2, 2015.
On May 15, 2014, the Defendant, at Geumcheon-gu Seoul, requested the victim to pay immediately an amount of money by changing the sequence of money to six first priority on October 15, 2014, the following: (a) the victim F, who operates a private teaching institute in Geumcheon-gu, Seoul, into eight old units: (b) the 400,000 won per month (50,000 won per month after the receipt of the amount of money) of the 26 old unit; and (c) the victim F, who is operating the private teaching institute.
However, the defendant had been responsible for a total of KRW 100 million since the deficit of the fishery company operated at the time was continuously accumulated, but there was no other property owned. Therefore, even if the defendant received the fraternity from the injured party, he did not have the intention or ability to pay the fraternity according to the agreement.
After all, the Defendant, as above, was accused of the victim, and was given KRW 10,40,00 to the victim under the pretext of the order of priority six days from the same day.
Summary of Evidence
"2015 Highest 1024"
1. Partial statement of the defendant;
1. D. D.