A defendant shall be punished by imprisonment for two years.

An applicant for compensation shall be dismissed.

Punishment of the crime

On July 13, 2010, the Defendant was sentenced to imprisonment with labor for a violation of the Punishment of Tax Evaders Act at the Seoul Western District Court, for ten months and two years of suspension of execution, and the said judgment became final and conclusive on July 21, 2010, and on December 17, 2012, the Defendant was sentenced to one year of imprisonment with labor for a violation of the Petroleum and Petroleum Substitute Fuel Business Act at the Incheon Western District Court’s Branch Branch, and the said judgment became final and conclusive on May 31, 2013.

[2013Kadan387] The Defendant closed down his/her business and concluded that it was difficult for the Defendant to engage in the supply transaction of chemical drugs with the victim M Co., Ltd. (hereinafter “victim Co., Ltd.”) who is the previous trading company (hereinafter “victim Co., Ltd.), which was operated by himself/herself, in order to borrow the name of the company from O, which was supplied by the victim Co., Ltd. and take the delivery of chemical drugs from the victim Co., Ltd., and that the Defendant would pay the victim Co., Ltd. the price by settling the supply price at the end of each month if continuing chemical drugs are supplied to the victim Co., Ltd. in the office of the victim Co., Ltd. located in Seocheon-gu, Seocheon-gu P in 2

However, the above L was in the discontinuance of business, and there was no intention or ability to pay the price to the victim company even if it was supplied with chemical drugs by the victim company, since the defendant was liable for the payment of the price for the goods of approximately KRW 3.5 billion to other transaction companies including the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received from the victim the delivery of 1,130 metric tons of 13,170 km per kg on November 30, 2009. From around that time to February 22, 2010, the Defendant received a total of 326,106,330 won and obtained pecuniary benefits equivalent to the amount of 326,106,330 won from the delivery of chemical drugs as shown in the annexed crime list.

[2013 Highest 2309]

1. The Defendant, around October 29, 2009, purchased the land, such as Geumcheon-gu Seoul, Geumcheon-gu R from Q to the mutual infinite coffee shop located in Gangnam-gu Seoul, Gangnam-gu.