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A defendant shall be punished by imprisonment for not less than one year and 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
Criminal facts
The Defendant is a person who was a representative director of “D” company with limited liability.
On July 22, 2013, the Defendant calls from a corporate bank located in Hasan-gu, Hasan-si, Haakwon-dong on July 17:50, 2013 to G, the vice president of the victim E(F) company with limited liability, and “213,00,000 won is required for bills to be immediately prevented.
The loan certificate is drawn up with the loan certificate from the loan of money, and the loan is set up within two to three days, and the amount of KRW 50,000,000 in cash is paid immediately until July 26, 2013, and the remainder of KRW 163,00,000 is paid first by the bill with maturity until August 20, 2013 and the bill is paid on the relevant date.
However, at the time of fact, a company run by the Defendant had already been revoked its registration of construction business due to its shortage of capital, and was unable to collect money from the customer from the end of June 2013, and was in the state of saying “not granting any money” from H with a loan of KRW 50 million, which was given by means of lending money, and there was no funds to repay the amount of promissory notes with a maturity of KRW 180,000,000 at July 31, 2013, but there was no funds to repay the amount. Therefore, even if the Defendant borrowed money from the victim company, there was no intention or ability to repay the amount within the period agreed to by the victim company.
On the same day, the Defendant, through G, received from the victim company the issuance of two copies of the check in front of the victim company in the face of KRW 135,00,000, KRW 135,000, KRW 78,000, KRW 00, KRW 213,00.
Summary of Evidence
1. The defendant's legal statement (as at the third public trial date);
1. Part concerning the defendant's statement in G during the interrogation of the suspect against the prosecution
1. Application of Acts and subordinate statutes to each investigation report (related to attaching a copy of H telephone and a check in front of oneself);
1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Article 62(1) of the Criminal Act (the fact that the defendant makes a mistake late after the suspension of execution and the punishment heavier than the fine shall be imposed;