사기
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 of the final judgment.
Criminal facts
[2013 Highest 1905] The Defendant was a person who, from around 2005, had engaged in wholesale and retail business in the name of “D” in Seojin-gu Seoul Metropolitan City, Jeonjin-gu.
On October 24, 2012, the Defendant stated to the effect that, even if the Defendant was unable to pay the amount of a check equivalent to KRW 143 million,00,000,000 issued at a similar time in the (State)G logistics warehouse of the Jeonsan-si operated by the Victim E, the Defendant would pay the amount on the last day of the month to H, who is an employee of the company, even though he did not have an intention or ability to pay the amount normally, even if he was supplied with a clothing such as credit within the due date.
Ultimately, the Defendant, as above, made a false statement, obtained pecuniary benefits equivalent to KRW 17,441,00 in total by failing to pay 9,307,00,00, while he/she was provided with clothes equivalent to KRW 9,307,00 in total, such as clothes of male and female clothes on November 6, 19 of the same year, and clothes equivalent to KRW 7,120,00,00, such as clothes, etc. on January 8, 2013.
[2013 Highest 2107] The Defendant is a wholesaler, and the victim I (hereinafter “victim company”) is a person who operates a D in which panty, learning, etc. are supplied in wholesale and sells them to consumers.
Around November 2012, the Defendant stated that, in the D warehouse of Defendant’s operation in Geumcheon-gu, Seoul Special Metropolitan City, the Defendant would pay the price to the J, an employee of the victim company, “When selling the same kind of goods with friendship and distribution, it would be sufficiently able to do so, if it would be possible to supply large volume of goods.”
However, in fact, the Defendant’s check issued at a similar time is equivalent to KRW 143,00,00, and the issued bill is also equivalent to KRW 200,000,000, and the check amount is about KRW 400,000,000, and there are many obligations, such as the deposit amount and the amount of the bill, and the amount is about KRW 100,000,000,00,000.