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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On May 7, 2013, the Defendant: (a) was a person operating the manufacturing business under the trade name, “stock company D”; (b) supplied the victim E with the remaining scrap metal by paying in advance the deposit amount of KRW 60,000,000; and (c) would return the deposit if it is impossible to supply the scrap metal; and (d) may settle the payment after 60 days if the steel raw materials are supplied. The Defendant made a false statement to the effect that the factory is well returned to the factory without any problem. The payment of the price is not problematic.”
However, the Defendant had operated D Co., Ltd. with a fixed amount of approximately KRW 50 million monthly payments from around 2012. From May to June 6, 2013, the total amount of 166,000,000 won for the goods unpaid from F, G, and H, which are transaction partners, was accumulated between May to June 6, 2013. Since the obligation to pay to the Korea Technology Finance Corporation was equivalent to KRW 69,000,000, it was not sufficient that it could continue to operate the company because there was no way to obtain additional guarantee to raise funds necessary for the operation of the company. Therefore, even if the Defendant was supplied with steel raw materials after the victim received the deposit from the victim, there was no intent or ability to return the deposit to the victim, or to pay the price for steel raw materials on the date of promising to pay it.
Nevertheless, on May 7, 2013, the Defendant: (a) by deceiving the victim as above; (b) received 60 million won from the victim to the J bank account of the Defendant under the name of the deposit; (c) received 54,356,310 won around May 13, 2013; (d) received 69,637,527 won around May 16, 2013; (c) received 96,30,850 won and 42,95,073 won around June 7, 2013; and (d) received 272,203,610 won in total from the Defendant’s I Bank account; and (d) supplied 32,361 won in total over five times, including supply of raw materials with each other.
Summary of Evidence
1. The defendant's legal statement; 1.1.