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A defendant shall be punished by imprisonment for one year.
Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.
Reasons
Punishment of the crime
After establishing D on April 27, 201, the Defendant: (a) concluded an investment agreement with the Jeonnam-do and the Mandong-gun Office to the effect that “A Co., Ltd. invested KRW 4.2 billion in capital and, that is, in the establishment of a tin food manufacturing factory, would make every effort to provide administrative and financial support by Jeonnam-do; (b) however, the Defendant was unable to apply for subsidies due to the lack of such investment funds as above; (c) was unable to prepare a factory site due to the lack of the aforementioned investment funds; and (d) was willing to be transferred first prior to paying the ownership of the ownership of the “factory site 760 square meters and three lots and three lots and 2,782 square meters and affiliated buildings located in the Mandong-gun F in the Jeonnam-gun-gun Special Metropolitan City.”
On August 26, 2011, the Defendant stated that “If the Defendant sells three lots of land, other than 760 square meters, and 2,782 square meters and affiliated buildings, located in the Mandong-gun, Mannam-gun, in the face of KRW 700 million, the Defendant would pay 5% of the company’s profits by doing rice construction business on the site, and the Defendant entered into a contract with the Manman-gun Office and MOU, thereby granting subsidies for business expenses, the Defendant would pay the intermediate payment and the balance within one month, and would receive the loan, and would request the transfer of the first name.”
However, even if the ownership of the above real estate is transferred preferentially by the victim company, the defendant was not equipped with all kinds of factory facilities, such as freezing facilities, sanitary facilities, partitions, floor facilities, etc. because there was no investment funds necessary for the above business, and thus, it was not possible to receive business subsidization expenses from the YY. Since the defendant did not have any property other than the defendant, there was no intention or ability to pay intermediate payments and balance to the victim company.
As such, the Defendant, by deceiving G and deceiving it from G, was KRW 210 million owned by the victim company on September 7, 2012.