beta
Text
A defendant shall be punished by imprisonment with prison labor for up to 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
On March 10, 2013, the Defendant made a false statement to the victim C that “If a D Co., Ltd. operated by it is scheduled to receive a contract for the work of cutting vessel parts awarded by it, it would make reimbursement up until July 20, 2013, the Defendant would make reimbursement up until July 20, 2013, and would have the victim employed as an employee of D Co., Ltd.”
However, in fact, D Co., Ltd has not yet established the site of the factory, and there is little possibility that D Co., Ltd. will receive a contract for the above business from D Co., Ltd., and there is no particular financing method, and the Defendant thought to use the money borrowed from the victim as a down payment for the factory site or business fund, and thus, there was no intention or ability to pay the money even if he borrowed the money from the victim.
The Defendant, under the pretext of borrowing money from the victim, shall be KRW 28 million on the 28th day of the same month, and the same year.
4. The 17.15 million won was transferred to the corporate bank account in the name of the defendant, and the sum of 35 million won was acquired by deceit.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes to details of transactions, cash tea copies;
1. Article 347 (1) of the Criminal Act applicable to the crimes;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In the case of recovery from considerable damage [10 million won or less] of the mitigated area (1-1 year or less) of the mitigated area (1-1 year or more of the sentence] [decision of the sentence] the amount of damage appears to have been used as entertainment expenses, etc. for receiving orders for the cutting of the vessel, the amount of damage would have been paid 25 million won or more of the damaged amount, the amount of damage would have been repaid 35 million won or more, the amount of his mistake is divided and reflected, the fact that he has not been convicted of imprisonment without prison labor or more, the fact that he has no criminal record, and all other circumstances, such as the