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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who conducts trade business without being registered with a government office and has become aware of such fact.
1. Around March 2014, the Defendant told the victim C who carries on the safe manufacturing business at the E’s place of business located in Daegu Northern-gu, Daegu Northern-gu, that “The Defendant would pay for the safe delivery to E by affixing an explanatory note with this gold.”
However, in fact, the Defendant was liable to pay approximately KRW 7,00,00 to E, the representative of which was the F, and had the intent to receive money from F for some of the products that were supplied directly to E, so even if the Defendant was supplied with a safe product by allowing the victim to deliver the product to E, it did not have the intent or ability to pay the price for supply to the victim.
Around April 30, 2014, the Defendant was supplied by the victim with a safe product equivalent to KRW 10,780,000, such as salking, Salgora, at the E’s place of business designated by the Defendant.
2. On August 2014, the Defendant made a false statement to the victim C, stating, “If the Defendant delivers an amount equivalent to KRW 11,375,00 toG, it will receive the payment of the amount of the cost of the safe test from China after exporting the finished products produced by the Defendant to G to China.”
However, even if the victim delivers it to G, the Defendant did not have the intent or ability to pay the victim the price for the safe test because the Defendant only thought that the finished product produced by requesting G was exported to China for personal use.
Around that time, the Defendant supplied the victim with an internal test equivalent to KRW 11,375,00 at G business place designated by the Defendant.
3. On September 5, 2014, the Defendant supplied the victim C with a warning that is equivalent to KRW 2620,00,00 to H, and then received a warning payment from H.