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A defendant shall be punished by imprisonment for one year.
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
On December 12, 2014, the Defendant filed a lawsuit against the victim E seeking payment of KRW 257 million in agreed amount (the above court 2014 is 8790,000) with the High Government District Court located in Yongsan-gu, Yongsan-gu, Yongsan-si. In the process of the lawsuit, the Defendant: (a) invested KRW 435 million in a joint project with the Defendant (the victim of this case; hereinafter the same shall apply); and (b) agreed to receive a refund of the said investment amount from the Defendant; (c) the Defendant paid only KRW 178,00,00 and did not pay the remaining KRW 257,000,000,000,000 to the Plaintiff; and (d) the Defendant submitted to the court in charge of the lawsuit that “the Plaintiff (the Defendant of this case; hereinafter the same shall apply) was 35,000,000,000 to the Plaintiff’s total amount of KRW 257,000,00.35.3 billion.”
However, even though the amount invested by the defendant in a joint business with the victim on May 29, 2013 was KRW 100 million, the above facts stated KRW 300 million in collusion with the victim as a pressure for the return of the investment amount.
Therefore, the Defendant, even though he was aware on May 29, 2013 that the Defendant could not claim the return of the investment amount based on the loan certificate, made a false assertion with the intention to hold it.
The Defendant: (a) by deceiving the full bench in charge as above and attempted to deliver KRW 257 million from the injured party; (b) but was sentenced to a judgment against the Plaintiff on January 28, 2016.
Summary of Evidence
1. Each legal statement of witness E and F;
1. Loan certificates, contracts for transfer of shares, collection (2) of loan certificates, loan certificates (4) of loan certificates, judgments, and contracts for transfer of shares (13) of acquisition by transfer of shares;
1. Application of Acts and subordinate statutes to the details of passbook transactions, the arrangement of investment funds, e-mail, recording records, and account records (netly 25);
1. Relevant Article of the Criminal Act and the choice of punishment for the crime;