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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On December 2, 2012, the Defendant: (a) requested the Victim T by the introduction of S around Gunsan to pay the amount to be used for the expenses of the test drawings and operating activities, which would enable the Victim T to obtain several contracts for the construction of the sun-line; (b) first, it would allow New Seojin Shipping Co., Ltd. to enter into a contract for the construction of the 1 billion foot ship with the 1 billion foot ship; and (c) would have 50% of the building cost paid at the time of ethyl luthing.
“A false representation was made.”
However, in fact, the Defendant concluded a contract by stating that the construction cost should be paid with a secured loan after the completion of the vessel to the New-Slow Shipping Co., Ltd., the owner of the vessel, and that there was no economic ability for the Defendant to pay the construction cost. Therefore, even if the Defendant received drawings and operating expenses from the injured party, the Defendant did not have the intent or ability to pay KRW 500,000,000,000,000 for the construction cost at the time of ethyl
However, on January 23, 2013, the Defendant acquired the total of KRW 37 million, including KRW 20 million as business activity expenses, from the injured party to the bank account (U) in the name of the Defendant on January 28, 2013, KRW 15 million under the name of the drawings of the base line on January 28, 2013, and KRW 2 million as business activity expenses around February 22, 2013.
Summary of Evidence
1. Statement by the defendant in court;
1. A statement report on any telecommunications prepared by a prosecutor;
1. Statement protocol prepared by the police on V;
1. Inquiry into the results of transfer management;
1. Application of the Acts and subordinate statutes of the shipbuilding contract;
1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act’s grounds for sentencing [the scope of recommending punishment] [the grounds for sentencing of the type 1 (less than KRW 100 million) in the basic area (from June to January 1) [the person subject to special sentencing] [the decision of sentencing] six months of imprisonment (the defendant has several records of having been punished for committing fraud; the defendant was sentenced to a suspended sentence for one year of imprisonment with prison labor for fraud, etc. from the Changwon District Court’s branch branch on February 21, 201, and on September 30, 2011, the above decision became final and conclusive.