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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. From the end of October 2009, the Defendant, even though being supplied with liquid cell cancer diagnosis devices and test reagents by the victim D, did not have the intent or ability to return the proceeds of goods sold in China to the victim, with the intent of selling them in China and allowing the victim to deliver the said medical instruments and test reagents to the Chinese Council members and the Yellow Hospital.
On October 209, the Defendant made a false statement to the victim at a cafeteria with the mutual name, “F in the YYE, YYYYYY,” “F,” which is “F, in the middle of 2009, in the middle of 2009, it is the head of the International Department Hospital of the Republic of China, and the head of the International Branch Hospital of the Republic of Korea in the Republic of China.” On October 2009, the Defendant supplied the victim with goods equivalent to KRW 40 million, including three Lary cell cancer diagnostic devices, approximately 100,00, and approximately 40,000,000, from the victim’s end, to the above serious Council members and the Yellow Hospital.
Accordingly, the defendant had the above hospital receive the property by deceiving the victim.
2. On June 2010, the Defendant did not have any intention or ability to receive policy funds from the Chinese government.
Nevertheless, on June 2010, the Defendant made a false statement to the effect that “B will receive KRW 200 million from the Chinese government’s policy funds to ensure that the Defendant may construct a medical machine production plant on the face of KRW 15 million to B,” and received KRW 15 million from the victim around that time.
Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.
Summary of Evidence
1. The defendant's legal statement (the statement on the 13th trial date);
1. The statements made by witnesses H and D in the second trial records;
1. Statement made by witnesses D in the third protocol of the trial;
1. The application of recording records and the current status of entry and departure of each individual;
1. Criminal facts;