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A defendant shall be punished by imprisonment for one year.
Of the facts charged in the instant case, the charge of indecent acts by force around August 2013 and the end of April 2014.
Reasons
Punishment of the crime
(2015 Highest 4193) The defendant has maintained ties with the victim E while emphasizing the power and power to D with D.
On September 3, 2012, the Defendant: (a) around September 3, 2012, the Defendant, along with D, built work to remodel a F cafeteria operated by us around January 2012; and (b) not yet paid the material cost, personnel expenses, etc. required to do so to the victim E.
The loan of money will be repaid from September 2013 to September 2013 to the profits from the F cafeteria funeral services in the name of the State.
“.....”
However, in fact, the Defendant’s net profit of funeral services was limited to KRW 15 million through KRW 20 million, and at the time, the Defendant was unable to pay the monthly salary of the employees working at the above F cafeterias, and the Defendant did not have any intent or ability to repay the money from the damaged party, as it is not good for economic circumstances, such as only the obligation of several million won, etc.
As a result, the Defendant conspired with D and received KRW 30,00,000 from the victim to the Agricultural Cooperative account in G on the same day from the victim, and received KRW 173,00,000 in total from the victim 18 times from the above day to April 25, 2013, such as the list of crimes in the annexed crime list.
Summary of Evidence
1. Each legal statement of witness E, H, I, and J;
1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;
1. Some statements concerning D in the suspect examination protocol of the police;
1. A conciliation protocol or a protocol of decision substituting conciliation;
1. A written confirmation of transaction details [The defendant denies the criminal intent of defraudation; 1) the consistent statement of the witness E; 2) the defendant's debt status at the time of the instant case and the size of the borrowed amount; 3) the net profit of the restaurant operated by the defendant (D, if there are many net profit during the sex water season, the amount of KRW 15 million, and the amount of KRW 10 million,00,000,000,000,000.