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Defendant
A shall be punished by imprisonment for eight months.
Defendant
B is not guilty.
Reasons
Punishment of the crime
Defendant
A has overall control over the business affairs of A from around 2005 to around 2010, and H (Death on October 12, 2012) was the auditor of (State)G.
Defendant
A, around February 19, 2009, at the above (State)G office, “A will produce and supply 1,113 plastic softs for the production of concrete block. It changed the price to 57,876 oil, and 23,150.40 oil out of the price, 28,938 oil, the total amount of which is 50% after shipment, and 28,938 oil, the remainder after arrival of the product, and later later, later later.”
However, the fact is that at the time (the state)G did not have the facilities and manpower capable of producing the said scrap, and even if it receives the down payment from the victim company, there was no intention or ability to load the victim company by producing 1,113 parts within 40 days.
Defendant
A, together with H, by deceiving the J as above, was transferred from the victim company at around 27th of the same month to KRW 23,150.40,00 ( KRW 42,827,50).
Accordingly, the defendant A acquired the property of the victim company in collusion with H.
Summary of Evidence
1. The defendant A's partial statement
1. The entry of witnesses K and B in the third protocol of trial, and the statutory statement of witnesses L in the third protocol of trial;
1. A protocol concerning the examination of the suspect by the prosecution against the defendant A and B;
1. The prosecutor's statement to K;
1. The application of a sales contract, a full certificate of registered matters, a statement, a written request for the purchase of goods, a written request for a written request for vicarious purchase of goods, a copy of a passbook, a remittance statement, a certificate of payment agreement of G bank, a written notice, a written notification, a content certification, a real estate sales contract, a real estate transaction agreement, a conditional declaration of real estate transaction, a statement of general loan transactions, a statement of redemption of general fund loans, a meeting of redemption of general fund loans, a written decision
1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;