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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The defendant has served as the representative director of the Dispute Resolution Co., Ltd. established for the purpose of supplying and executing air-conditions from May 2002.
Around June 2013, the Defendant had been aware of from around 2002 to the victim D who had been running by the Defendant since around 2002 due to the difficulties in the financial situation of the said company, “Korean company is about KRW 3 billion in balance, expected sales profit is estimated to be approximately KRW 800 million, and the operating power is good and the financial management is not properly conducted, so it would be possible to receive the funds.
In March 2014, “Around March 2014, the victim was entitled to a construction contract that installs air conditioners and heating systems with Furine in E.
For this reason, the Corporation will return its equipment by receiving the construction cost if it directly lends the cost of purchasing sacrific equipment from Samsung Industries.
When this construction is completed, all of the existing obligations including the existing obligations will be repaid.
“.......”
However, the Defendant failed to pay four premiums from around 2011 to around 2013. From around February 2013, the Defendant used monthly salary for its employees. On February 2014, approximately KRW 50,000,000 was unable to pay the Defendant’s debt amounting to KRW 42,000,000 to the victim. A credit information company received notice of debt collection amounting to KRW 66,60,00 from the Defendant. In apartment with KRW 1/2 shares, the collateral security was established for the Defendant’s total amount of KRW 698,40,000,000,000 from the damaged party for the purchase of equipment. Thus, even if the Defendant borrowed money from the damaged party for the purchase of equipment, the Defendant did not have any intention or ability to pay the Defendant money normally.
Nevertheless, the defendant deceivings the victim as above, and is therefore borrowed from the victim.