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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On October 23, 2013, the Defendant would use only one month of “50 million won” to the victim E at the office of “D” in Daegu-gun, Daegu-gun, Inc., Ltd. (hereinafter “C”), and make a full payment.
A full repayment may be made with the amount of investment after one month.
The repayment will be made with the money recovered from D Co., Ltd.
“The purpose of “ was to make a false statement.”
However, from the end of 2012, the Defendant established F Manufacturing Chain Co., Ltd., and purchased the G factory site at Ansan-si and carried out new construction of the factory on the above site. However, the Defendant paid the above factory site amounting to KRW 170 million and KRW 600 million borrowed from the neighboring land without any property, and the above factory site amounting to KRW 170 million, which was loaned from financial rights as security, and approximately KRW 1.4 billion, the construction cost of the factory was not paid from the public corporation because the Defendant failed to receive the loan from the public corporation because it was not promised to receive the new construction as security after the completion of the factory, even though it was promised to receive the loan as security after the completion of the factory. The company's operating expenses and the interest on the loan was insufficient to appropriate the loan from the neighboring land to the public, and there was no intention or ability to change the payment on the date of the loan even if it was agreed from the damaged person, such as the interest on the loan was not paid in time.
The defendant deceivings the victim as above and was delivered KRW 50 million to the account (Account Number: H) in the name of the corporation D on the same day from the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes to details of receipt of a complaint, receipt of cash custody, and transfer and withdrawal of banks;
1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
1. Reasons for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [the scope of the recommended sentence] General Frauds No. 1 (less than KRW 100 million) (one month to one year) in the mitigation area (one month to one year), or no penalty is imposed.