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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
[201st order629] On December 20, 2010, the Defendant issued the 160 million won per ton of steel products to the victim D at the office of Youngnam-gun C&A Co., Ltd. on December 20, 2010. On the other hand, the Defendant made a false statement that the Defendant would deliver all of the products within a week from the day following the day when the bill of lading was issued.
However, at the time, the defendant had a debt of 2.3 billion won, and even if he has received a bill from the victim, he did not have the intent or ability to deliver the steel within one week.
As above, the Defendant, by deceiving the victim as above, was issued a promissory note E with KRW 50 million on the same day by the victim.
[2011 Highest 896] On April 9, 2010, the Defendant, at the office located in Yangcheon-gu Seoul Metropolitan Government F, received KRW 300 million from H to I Construction and received KRW 300 million from the victim G, and on April 15, 2010, he/she received KRW 530 million from the limited liability company J to I Construction and received KRW 380,000,000 among them. The Defendant, at the office located in Yangcheon-gu Seoul Metropolitan Government F, would combine the steel price that was not paid before April 20, 2010, and would make payment of KRW 500,000,000 to supply steel.
However, in fact, I Construction did not receive money due to the progress of the contract with H and limited liability companies, and the defendant also could not receive money from H and limited liability companies until the above date.
Around April 12, 2010, the Defendant, by deceiving the victim, received steel products equivalent to KRW 43,431,856 from the victim, at the location of the safe construction work in Gyeonggi-do, and acquired pecuniary profits equivalent to the same amount.
[2011 Highest 913] Around December 20, 2010, the Defendant phoneed to the victim L Co., Ltd. located in the wife population K and made a false statement to the victim M that “I would immediately deposit the price of the steel goods if the steel goods are supplied.”
However, at the time of fact, the defendant is the maximum amount of debt.