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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
On March 16, 2015, the Defendant made a false statement to the effect that “Around March 16, 2016, the Defendant would establish a trade credit center to G, an operator of the Victim F Co., Ltd. (hereinafter “victim”) via E, at the D office located on the second floor of Seongdong-gu Seoul Metropolitan Government C building, and that “A fee would be changed as an agent for the establishment of a trade credit center.”
However, even if the defendant received money from the victimized company, he was thought to be used for the personal purpose of the defendant, and did not have the intent or ability to establish a trade credit center on behalf of the victimized company.
Accordingly, the Defendant, through the above G, received KRW 30,00,000, around March 18, 2015 from the damaged company as a new bank account (Account Number H) with the name of the trade credit opened by the said G, and received KRW 10,546,800 from the above new bank account around March 23, 2015, KRW 720,000, KRW 300,000 from the above new bank account around March 28, 2015; KRW 6,00,000; KRW 6,00,000; KRW 30,000; KRW 6,000; KRW 630,06,000; KRW 630,05,000 from the above new bank account around May 12, 2015; KRW 6,306,61,06,005, one account number of the above bank account under the name of the K bank (No. 36,5,6305,65,615,605,65,
The defendant of "2016 Highest 3849" is the representative director of I Co., Ltd. who carries on the business of issuing letters of credit on behalf of others.
1. Crimes against the victim'sO;
A. In the case of traders or distributors who request the issuance of a letter of credit to the above corporation I operated by the fraudulent defendant, who are mainly financially weak, and cannot pay the amount to the exporting company at an early stage, the exporter can receive cash from the bank immediately after the shipment, and the importer will sell imported goods and prepare the price and use the letter of credit in the form of paying the imported goods.