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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. On August 2012, the Defendant committed a crime against the Victim C at the office of the mobile phone case processing headquarters (E) of the Defendant’s operation in Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul, and the third floor, and the Victim C would pay the amount normally if the Defendant delivered the mobile phone case upon completion of its delivery.
“.” From August 31, 2012 to February 24, 2014, the victim was supplied with mobile phone cases equivalent to KRW 21,491,580 over 14 times, as indicated in the list of crimes, from August 31, 2012 to February 24, 2014.
However, the Defendant began to operate the “E” business from June 2012 at the above location, but the Defendant was in a state of bad credit standing in which ordinary debtors bear more than KRW 200 million, including financial rights. From July 2012 to August 8, 2012, it was difficult for employees to timely pay benefits, and thus, there was no intention or ability to pay the said amount normally even when receiving the mobile phone case from the victim.
As a result, the Defendant acquired the mobile phone case amounting to KRW 21,491,580 from the injured party.
2. The Defendant committed a crime against the Victim F with respect to the victim F, at the above “E” office around September 2012, to the victim F, who had been an employee of the Defendant F, using only two months if he/she borrowed money to purchase materials and machinery.
“Around September 5, 2012, around KRW 20 million, around September 5, 2012, and KRW 6 million around November 8, 2012, and KRW 26 million were granted from the injured party.
However, as above, the Defendant did not possess any property in excess of the Defendant’s existing debt, the intent was to use the money borrowed from the victim as the employee’s salary, and even if the Defendant borrowed money from the damaged party due to the circumstances in which the company’s management was reported, it can be repaid at once.