사기
Defendants shall be punished by imprisonment for one year.
However, with respect to Defendant B, it shall be for 2 years from the date this judgment became final and conclusive.
Punishment of the crime
Defendant
A is the representative director of Seongdong-gu Seoul, E and 1201 (ju) and Defendant B is the adviser of (ju)F.
On September 16, 2013, the Defendants opened a letter of credit for importing Aluminium excess (raw materials) with the victim G at the (State) F Office in Seongdong-gu Seoul and 1201 (Aluminium) office: (a) import of Aluminium excess and supply the finished product to Aluminium H, which is a subsidiary company of our company, and then sell the finished product, there is a lot of profit; (b) import clearance costs are borne by us; (c) the victim invests USD 300,000 for the issuance of the letter of credit; and (d) if so, the victim would pay USD 330,000 for the amount of the letter of credit and the amount of the credit, 40 days after the issuance of the letter of credit.”
However, in fact, the Defendants were in arrears with monthly salary of employees because of the financial difficulties of the F, and since September 23, 2013, the Defendants failed to prepare funds for the payment of bills from around September 23, 2013. However, even if the Defendants were to import Alumin excess of Aluminium, the Defendants planned to sell Aluminium immediately and use the price received in return for the payment for business funds, such as bill settlement funds, and there was no intention or ability to pay approximately KRW 330,00 to the victims until October 27, 2013.
On September 17, 2013, the Defendants: (a) by deceiving the victim; (b) had the victim establish a letter of credit of USD 300,00 from the victim on September 17, 2013; (c) imported Aluminium 149.99 tons; and (d) sold Aluminium 146,321,146 won from Aluminium to the bank account in the name of the victim held by the Defendants; and (d) deposited KRW 36,93,316 out of the above money into the bank account in the name of the victim; and (e) paid KRW 36,93,316 as import clearance expenses; and (e) paid KRW 267,02,319 as the account under the name of the Defendant A; and (e) KRW 42,305,00 as the account under