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Defendant shall be punished by a fine of KRW 2,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The defendant is a person who operated C Co., Ltd.
On November 7, 2008, the Defendant stated to the effect that “F, a vice head in charge of the business of the victim company, will pay KRW 6,350,00,000 out of the total amount of KRW 5,945,50,000, which was supplied to the H construction site located in Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, to the site for the construction of the factory site located in Chungcheongnam-si, Chungcheongnam-si, the Defendant supplied the materials for civil engineering works of KRW 4,350,00 at the site for the construction of the factory site located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-do, and KRW 4,350,00 after November 1, 2007.”
However, in fact, C corporation did not have an intention or ability to pay the price on the date of payment even if it received civil engineering materials from the victim company because it was difficult to operate the corporation, and there was approximately KRW 850,000,000,000,000, and there was no asset that can be commercialized within a rapid time.
The Defendant was supplied with civil engineering materials equivalent to KRW 4,350,000 in total at the construction site on November 8, 2008 and on February 10, 2008 by the employees of the victim company.
Accordingly, the defendant was given the victim's property by deceiving F to receive the property of the victim company.
Summary of Evidence
1. Each legal statement of witness F and I;
1. A protocol of examination of part of the defendant by prosecution;
1. F's statement of the suspect interrogation protocol of the defendant by the prosecution
1. An implementation note, a report on transaction by period, and the application of each tax invoice Acts and subordinate statutes;
1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Selection of Fine;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;