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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The Defendant is a person who actually operates C Co., Ltd. (hereinafter referred to as “C”) of a vessel repair company in Bapo-si B.
1. The Defendant made a false statement to the victim D on the bill of indictment stating that “I will lend the victim D any balance of KRW 80,000,000,000,000,000,000,000,000,000,0000,000,000,0000,000,000,000,0000,000,000,0000,000,0000,0000,0000,0000,0000,0000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00
[The prosecutor appears to have specified the contents of deception as above on the basis of the statement in the complaint (see, e.g., one right to record evidence). However, in full view of the victim's investigative agency and this court's statement, the victim seems to have prepared the above complaint by mistake.
The contents of deception are modified as stated in the main sentence to the extent that it does not materially disadvantage the defendant's right of defense ex officio.
That said, the phrase was false.
However, even if the defendant receives money from the injured party, he/she is thought to use the remaining amount for the company operation funds such as bank interest and customer price, and thus, in the indictment to receive the down payment by returning the ship, stating "payment of the balance of the ship and receiving the loan" as stated, but for the same reason, he/she is recognized as criminal facts by correcting the facts charged as stated in the main sentence as above.
There was no intention or ability to repay to the victim.
The Defendant, as such, by deceiving the victim, was transferred KRW 80 million to the E-bank account of around 11th of the same month from the victim.
2. The Defendant is identical to the preceding paragraph of November 16, 2015.