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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
[2016 Highest 8987] The Defendant was a person who operated the E Co., Ltd. (hereinafter “E”) established for the purpose of manufacturing and wholesale and retailing electrical mixeds.
1. On May 2016, the Defendant made a statement to the Defendant against the Victim F Co., Ltd. to the effect that “on the delivery of robot control tower 331 sets by May 20, 2016, the Defendant would pay in cash the price of goods on June 30, 2016, to H, the actual operator of the Victim F Co., Ltd. (hereinafter “F”) at the Yeonsu-gu Incheon Ga and the E Office located in this subparagraph (E) 603.
However, in fact, since around April 2014, under the circumstances where the Defendant had been engaged in management repeatedly due to blood-related competition with the same competitor, the Defendant failed to receive approximately KRW 700 million expenses due to the failure to pay the sales amount due to the failure to pay the sales amount. At the time, the Defendant was liable to pay the transaction amount of KRW 280 million, KRW 1590,000,000,000, and KRW 68,000,000,000, and KRW 68,000,000. In addition, the Defendant did not pay the monthly salary of the employees. In addition, the Defendant was unable to supply the goods to the sales office after assembling the sales department, and received the goods from the sales office, and did not have the ability to receive the other transaction parties’ obligations, financial obligations, and personal employees’ wages, and so, there was no agreement or ability to receive the goods from the person who suffered damage.
As such, the Defendant, by deceiving the victim, obtained from the victim on May 11, 2016 to June 13, 2016, from the Defendant Company’s factory located in Sinung City I from May 1, 201 to from June 13, 2016, through supply of robot control roll 331 sets equivalent to KRW 172,128,00.
2. The Defendant’s fraud against the victim piracy Co., Ltd. on or around May 2, 2016