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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who has worked as a branch of D in the second floor of the building in the Namdong-gu Incheon Metropolitan City, and is a victim E, victim E, victim F, victim G, victim H, victim I, victim J, etc. working as a business employee in the above branch.
The Defendant failed to engage in sales business due to the impossibility of shipping cosmetics, etc. from the head office, and paid allowances, etc. to be paid to the sales of the said branch, etc., the Defendant paid the amount of cosmetics to the head office using the victim E’s credit card, which is a business employee of the said branch, and directly engaged in sales business after receiving the cosmetics in the name of the victim E, and decided to pay credit card payments, etc. to the victim E from around 2011 to raise the performance of the said branch, and began to be in arrears with the payment of the amount of cosmetics sales, etc. from mid-2012, when operating the said branch by receiving cosmetics from the victim E under the victim E, while the cosmetics sales amount, etc. were not recovered. As the Defendant had already received a loan equivalent to KRW 100 million from the bank, etc. for the performance of cosmetics sales, the Defendant had no intention or ability to pay the amount of cosmetics to the victims or even if having borrowed money from the victim.
1. Victims E;
A. A. Around May 8, 2013, the Defendant stated to the effect that “The Defendant would pay the victim E money to pay the card price, and if he/she lends money, he/she would immediately pay the cosmetics as entering China.”
However, in fact, the Defendant had a loan equivalent to KRW 100 million at the time, and as the price of goods has not been recovered from China, there was no intention or ability to pay the price even if it was paid by the victim.
As above, the Defendant, by deceiving the victim and deceiving him/her from the victim, shall be KRW 10,00,000 on May 8, 2013 and around September 5, 2013.