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A defendant shall be punished by imprisonment with prison labor for up to six months.
Of the facts charged in the instant case, the charge of fraud on December 7, 2011 is not guilty. It is so decided.
Reasons
Punishment of the crime
To the extent that the defendant does not have substantial disadvantage in exercising his/her right to defense, part of the facts charged is revised and recognized as criminal facts
On May 1, 2014, the Defendant was sentenced to eight months of imprisonment for fraud at the Busan District Court, and the judgment became final and conclusive on July 24, 2014.
On April 16, 2012, the Defendant stated, “D Co., Ltd., Ltd., operated by the Defendant in Busan, Seo-gu, Busan, that “The Defendant would make profits of KRW 400,000 per month from operating a fish branch agency.”
However, in fact, D Co., Ltd., operated by the Defendant, was a manufacturing company of water-resistant feed and its operating fund was insufficient. On July 201, 201, there was refused to issue a letter of credit guarantee from the Korea Credit Guarantee Fund, around May 2012, there was a debt of approximately KRW 5.2 billion to a corporate bank and KRW 50 million to F, respectively, and personal pressure was imposed on pressure to pay approximately KRW 100 million. On August 13, 2012, there was no intention or ability to establish a branch agent even if the Defendant received money from the injured party.
The Defendant received KRW 45 million from the injured party to the corporate bank account (Account Number) in the name of D Co., Ltd. in the name of D Co., Ltd. in the same day, and received KRW 5 million in cash, and received KRW 5 million from around that time to May 31, 2012, and received KRW 85 million in total twice from around that time, such as [Attachment Table 2] No. 2 and No. 3 [Attachment Table 2] from around May 31, 2012, or received money in cash.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement of the witness E and H in the second public trial records;
1. A certificate of deposit in the passbook and a contract for the supply of goods;
1. A written confirmation of payment of insurance proceeds and insurance subscription plan1.