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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
(e).
Reasons
Punishment of the crime
The defendant is the representative director of the Co., Ltd. in 2017, who is the senior 3594.
Defendant “E” restaurant located in Gangnam-gu Seoul, Gangnam-gu, Seoul, in July 2015, at F’s “E” restaurant.
When paying KRW 35 million and annual usage fee of KRW 3.5 million, the above vehicle could normally be used, so that the person could be introduced, and the F sent the horses from the Defendant to the Defendant to the victim H who is a type of sale.
However, in fact, the Defendant lent KRW 20 million to I on February 2, 2015, and provided the leased vehicle owned by J as security by I. At the time, without confirming whether the lease fee for the said vehicle was in danger of being recovered from the owner due to its failure to pay the lease fee, etc., and attempted to deliver the said vehicle to the victim, and thus, there was no intention or ability to allow the victim to use the said vehicle normally.
On July 23, 2015, the Defendant transferred KRW 36,455,00 to the K Bank account under the name of K Bank account in the name of ( state) C on the pretext of deposit and usage fee from the damaged party, and transferred the said vehicle to the victim.
Accordingly, the defendant deceiving the victim and stated that the bill of indictment of 36.45 million won is KRW 36.5 million, but it seems to be a clear clerical error of KRW 36.45 million.
Since there seems to be no problem in guaranteeing the defendant's right of defense, it would be changed as above without the amendment process of indictment separately.
was issued by the Corporation.
Summary of Evidence
1. Statement by the defendant in court;
1. Legal statement of the witness H;
1. Police statements made against F, L, or M;
1. Application of Acts and subordinate statutes governing the receipt of a complaint, contract confirmation, registration certificate, etc., a loan deposit agreement, etc., and a free deposit contract, etc.;
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. The Criminal Act, the suspension of execution;