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A defendant shall be punished by imprisonment for not less than eight 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
Punishment of the crime
The defendant is the representative director of D, a corporation established for the purpose of fishery products trading business on the Daegu Dong-gu C and the second floor.
On June 18, 2010, the Defendant made a false statement to F that “The Defendant would pay the price at the same time as the acceptance at the face of export,” at the D office located on the fourth floor of the Busan Jung-gu E building.
However, in fact, the defendant did not have any particular property, and there was no intention or ability to pay the price even if he received the distributed object from the injured party because the debts of the financial institution are equivalent to 46 million won.
As above, the Defendant: (a) had the victim Company G G with limited liability, which was operated by F, by deceiving the victim; (b) had the victim; (c) had the victim F’s representative; and (d) had the Defendant “D,” which was a representative director; and (c) had the victim changed from F to “F Company G with limited liability within the scope recognized as identical to the facts charged.”
For the same year
7.15. Market Price of the Republic of Korea has been supplied 7,60 km equivalent to 1,665,400 UN and the same year.
7. Around 23.23. The summary of the evidence was obtained in total equivalent to the sum of 4,273,400 UN (including transport charge 1,200,000N) by receiving 7,600 kilograms equivalent to 1,408,000 UN (hereinafter “the instant transaction”).
1. Partial statement of the defendant;
1. Each legal statement of witness F and H;
1. Partial statement of a witness I;
1. A protocol concerning the examination of the police officers of the accused;
1. In full view of the fact that the Defendant did not raise any objection against the victim’s claim for payment order of the instant transaction amount, the credibility of the F’s statement concerning the transaction circumstances of the instant case can be acknowledged, and contrary, the witness J’s legal statement is difficult to believe.
Therefore, F's above statement and this case.