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A defendant shall be punished by imprisonment for six months.
except that 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
(1)The Defendant, as the representative of C, did not pay the proceeds from the end of 2011 while running the business and did not have any intent or ability to pay the proceeds even if he borrowed money from others without any particular property.
Nevertheless,
1. On March 19, 2012, the Defendant made a false statement to the effect that, on March 19, 2012, the Defendant would make a payment by April 30, 2012, from an empty place in the vicinity of the Dong-dong Office, Jung-gu, Incheon, Jung-gu, Incheon, the Defendant would make a business vehicle in China to the victim D, and that, if he/she lends money to the related persons, he/she would make payment by April 30, 2012.
On March 20, 2012, the Defendant received KRW 5 million from the victim in the post office account (Account Number E) under the name of the Defendant on the pretext of a loan.
2. On April 6, 2012, on April 6, 2012, the Defendant made a false statement that “the Defendant borrowed KRW 2,700,000 to the said victim by telephone, because he/she has no drinking value.”
However, the defendant received the above money and tried to use it as expenses to China, and even if he borrowed money, he did not have any intention or ability to repay it.
The Defendant received 200,000 won from the victim as the borrowed money on the same day, and 70,000 won from the post office account in the name of the above Defendant on April 7, 2012, respectively.
3. On October 29, 2012, the Defendant made a false statement to the effect that, on October 29, 2012, the Defendant would refund the value-added tax by preparing a false tax invoice so that (a)C, operated by the said Defendant, may pay the amount of KRW 2,300,000,000,00,000 from the Saemaeul-dong, Jung-gu, Incheon, Jung-gu, Incheon; and (b) the Defendant would refund all borrowed money and interest.
However, the defendant only intended to use the above money as the director's expenses and apartment management expenses that he planned to receive the above money, and did not have any intention or ability to repay the money even if he borrowed the money.
The defendant belongs to this.