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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
From August 17, 2015, the Defendant established Busan Jin-gu E and 403 (State F) in Busan Jin-gu, Busan and 403, and mediated the trade of the share of the two countries in the export of the two countries located in Korea on the orders of both domestic markets, etc., and the victim G decided to purchase the share of the Linish Islands from the Defendant through H, a trade broker.
On March 2016, 2016, the Defendant: (a) by telephone, H via the phone, to the victim “I, a subsidiary company of the Republic of Korea I to Japan; and (b) the Republic of Korea I, from J in Japan, imported the Republic of Korea Island No. 850 from the Republic of Korea to supply it to a place designated by G.
If the injured party pays the down payment, a bill of lading will be made at the port of Busan, and if he pays the balance, he/she would pay the credit amount with it, and then deliver a bill of lading to the injured party.”
However, even if the victim pays the down payment to J, which is a trade partner company in Japan, the Defendant was immediately carrying the Linish Islands, and the bill of lading did not have the intent and ability to reach the port of Busan within two weeks from the date of the payment of the down payment, and even if the victim pays the balance to J, the Defendant did not have the intent or ability to receive the delivery of the said goods by receiving the balance from J and paying it to the victim of the bill of lading.
Accordingly, the Defendant, through the J on March 22, 2016, by deceiving the victim, received USD 46,164 as the down payment from the damaged person, and acquired USD 310,59 ($ 349,299,413) as the remainder on April 21, 2016, including USD 264,435 under the pretext of the balance on April 21, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with H;
1. The submission of evidence, the investigation report ($ 46,65), the investigation report ($ 46,665), the submission of additional data by the suspect A and the recognition of the suspicion shall be subject to the law.