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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 7, 2016, the Defendant was sentenced to a suspended sentence of 8 months for violating the Public Official Election Act at the Busan High Court on September 7, 2016, and the said judgment became final and conclusive on September 20, 2016.
The defendant is the representative director of the D Farming Cooperative in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun.
The defendant around December 27, 201, at the above D Agricultural Association office of the defendant around December 27, 201, the victim E intends to obtain a loan from the Small and Medium Business Administration due to the lack of funds for the Agricultural Association, and there is a limitation on obtaining a loan from the Saemaul Bank.
The loan of the Saemaul Treasury was made by means of a false statement, stating that it would be repaid in cash until February 28, 2012, by borrowing KRW 200 million from the Small and Medium Business Administration, which invested in the loan of the Saemaul Treasury.
However, the Defendant did not have a plan to file an application for a loan with the Small and Medium Business Administration. However, the Defendant did not pay wages to the employees of the farming association at the time, and did not have any intent or ability to pay wages within the agreed date, even if he received money from the victims, because the financial situation of the farming association has deteriorated to the extent that the total amount of the existing loans would have been 1.8 billion won, and thus, he did not have any intention or ability to pay wages
Nevertheless, the Defendant: (a) deceiving the victim as above; and (b) around December 27, 201, around 50 million won from the victim; (c) around January 4, 201, around 201, KRW 20 million from the victim; and (d)
1.6. Around 80,000,000 won, including KRW 150,000,000,000,000, were transferred to one bank account under the name of the said D Farming Association through F.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Statement made by the police for E;
1. Investigation reports (personal information inquiry of the suspect), age credit information replies, criminal complaints, copies of certificates of written agreements on investment notes, receipts, copies of promissory notes, copies of promissory notes, investigation reports (in cases of attaching copies of written notifications), copies of written notifications, copies of answers to written notifications, and criminal investigation reports (the amount of damage inflicted on the victim);