Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On January 20, 2014, the Defendant: (a) at the office of D Co., Ltd. operated by the victim C, the Defendant: (b) recommended the victim to move the workplace to the said company; (c) “The Defendant is 35 million won of the debt owed to E Co., Ltd., the Defendant had currently been in office; (d) lent money to repay it; and (e) transferred the principal workplace to another person; and (e) the said borrowed money will be repaid later.
“.” The purport was “.
However, in fact, the defendant was in a situation where he was liable to compensate for the penalty of 35 million won because he was unable to perform the elevator installation work that he received by himself, and he was in a situation where he was unable to pay the penalty, and there was no intention or ability to pay the penalty properly even if he borrowed money from the damaged person, due to other circumstances where he was unable to pay the penalty of 35 million won.
Nevertheless, the Defendant, as such, by deceiving the victim, received the total amount of KRW 35 million from the victim to the post office account under the name of the Defendant on January 22, 2014; KRW 10 million on January 29, 2014; KRW 10 million on February 11, 2014; and KRW 19 million on February 28, 2014.
Summary of Evidence
1. Partial statement of the defendant;
1. Entry of the part of the defendant in the protocol concerning the examination of the suspect against the defendant by the prosecution and C;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes of a certificate;
1. Article 347 (1) of the Criminal Act comprehensively with respect to the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] [the basic area of sentencing less than 100 million won]: June to one year and six months [the person subject to special sentencing]] [the decision of sentencing] was made in consideration of the circumstances leading to the instant crime, its method, degree of damage, the defendant's age, sexual behavior, criminal records, circumstances after the crime, etc.