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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
On July 3, 2012, the Defendant received KRW 6,330,80 of the market price from the victim’s office operated by the victim C in Seoul Jung-gu B building 704, and received KRW 744.8 kilograms from the location as if the Defendant would normally settle the cost.
However, in fact, the Defendant supplied the original amount of KRW 332,459,565, which was delivered by the victim from April 4, 2012 to May 30, 2012, to other places, but was unable to receive the original amount. The Defendant paid KRW 110,750,000 out of the original amount supplied by the victim, but the payment was made personal financing of the Defendant. On June 8, 2012, the Defendant transferred the domicile of E Co., Ltd. established for the purpose of arranging international logistics, etc. operated by the Defendant, but there was no intention or ability to pay the said amount normally even if the said original amount was supplied by the victim due to the relationship that was difficult to manage the company’s normal operation.
The Defendant supplied 744.8 kilograms of KRW 744.8 on July 3, 2012 from the victim as above, and acquired 18,191 kilograms of KRW 335,025,030 on July 11, 2012 after receiving supply of KRW 20,478.1 kilograms of KRW 20,478,850 on July 11, 2012, and by taking delivery of KRW 18,191 kilograms of KRW 335,025,030 on July 20, 2012.
Summary of Evidence
1. Each police suspect interrogation protocol against the accused (including the C’s statement);
1. Statement to C by the police;
1. Tax invoice;
1. Application of Acts and subordinate statutes to an investigation report (a confirmation that no lease of the place of business is available at this case), an investigation report (a report on confirmation of export specifications of the business
1. Relevant Article of the Criminal Act and Article 347(1) of the Criminal Act concerning the reasons for sentencing.