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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who operates a motor vehicle parts manufacturing chain D.
On June 10, 2015, the defendant tried to additionally purchase machinery to the victim from the car page of the victim F's operation in Ansan-si, Dongdaemun-gu, Seoul Metropolitan Government.
If new machinery is required to perform a new work at this time and one hundred million won is invested, it will be paid at least 5 million won per month as a profit for 60 months.
The automobile parts factory has been operated even in the harmony, and it was about 12 billion won.
“A false representation was made.”
However, it was difficult for the Defendant to take account of the financial circumstances, such as the smuggling of factory rents for several months at the time. Of the above KRW 100 million, the Defendant thought to use most of the existing taxes, monthly salary, living expenses, etc. except for approximately KRW 20,000,000,000, and there was no intention or ability to guarantee profits from the victim even if he received investments from the damaged party, such as a decrease in company sales compared with the previous year.
Nevertheless, on June 23, 2015, the defendant deceivings the victim as above and acquired money of KRW 100 million from the victim to the defendant's account under the name of the defendant's child from June 23, 2015.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness F;
1. Each transaction statement, credit information inquiry, recording [the accused and the defense counsel explained that no profit may accrue, thus not deceiving the victim, and there was no intention or ability to guarantee the profit at the time, and therefore, they did not intend to commit fraud.
The argument is asserted.
However, according to the evidence in the judgment of the court, the defendant and his defense counsel's assertion cannot be accepted, since the defendant deceivings the victim as stated in the judgment of the court, and the defendant was unable to guarantee the profits of the defendant at the time.
1. Criminal facts;