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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The Defendant, as the representative director of the public performance planning company B, managed the “C”, a group of persons.
On January 28, 2016, the Defendant stated that “The Victim E shall be able to do so four times in total from April 22, 2016 to April 24, 2016, at the victim E’s office located in Dongjak-gu Seoul Metropolitan Government D.”
However, on January 2016, the Defendant was notified by C that he had already terminated the exclusive contract by a policeman, and the Defendant was in progress with no particular property, and was used to pay the personal debt even if he received money from the victim due to the obligee’s demand, so there was no intention or ability to pay C/C.
Nevertheless, the Defendant, by deceiving the victim as above, entered into a performance agreement with the victim on January 28, 2016, with the “C” performance contract, and received the total amount of KRW 66 million from each transfer to the national bank account under the name of the Defendant, KRW 33 million on the same day, and KRW 33 million on the same month.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement to E by the police;
1. Application of performance contract and certificate of transfer under Acts and subordinate statutes;
1. The pertinent provision of the Criminal Act, Article 347(1) of the Criminal Act, and Article 347(1) of the Criminal Act, and Article 347(1) of the Criminal Act, which did not reach an agreement with the victim or the recovery of damage
On the other hand, there is room to regard confessions and reflects, dolusences as crimes by willful negligence, and criminal initial crimes are favorable circumstances.
In consideration of the above circumstances and the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, and circumstances that are the conditions for sentencing as shown in the trial process of this case, it shall be sentenced to the same sentence as the order, and considering the fact that the defendant submitted a repayment plan and made a repayment.