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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is the representative director of corporation C with the B4th floor in Ansan-si.
1. On April 2016, the Defendant made a false statement to the effect that, at the victim E office located in Kimpo-si, Kimpo-si, the Defendant sold the female hosting equipment for DNA display to F, the representative of the victim company, “I would pay the price for the goods in order to supply the smartphone equipment manufactured using female hosting equipment.”
However, at the time, the Defendant Company was delinquent in paying the company rent, public charges, wages, etc. amounting to not less than 200,000,000 won as the deficit was accumulated, and was obligated to pay the unpaid amount of not less than 300,000,000 won. The machinery and equipment in the Company did not have actual value due to seizure, etc., and it was impossible to recover the outstanding amount due from other Companies. Since there was no personal property of the Defendant, there was no intention or ability to pay the amount properly even if the Defendant was supplied with the goods from the Victim Company.
Nevertheless, the Defendant, as seen above, by deceiving the RepresentativeF of the Victim Company, received 473,840 goods equivalent to KRW 17,658,720 from the Victim Company around July 2016, 2016, 21,860,176 goods equivalent to KRW 584,176,010 from the Victim Company around August 2016, and 16, 489,940 goods equivalent to KRW 13,273,350 from the Victim Company around September 2016, and received 495,300 goods equivalent to KRW 16,324,290 from the Victim Company around September 2016.
Accordingly, the defendant acquired the total amount of 75,407,395 won from the victim company.
2. Around September 12, 2016, the Defendant made a false statement to the effect that “F, the representative director of the victim E-stock company as stated in paragraph (1), “I wish to pay money by December 31, 2016, if I wish to pay money due to insufficient equipment of the company, I wish to lend money.”
However, as stated in Paragraph 1, the finance of the defendant company at the time was accumulated accumulated, and it was difficult to recover attempted bonds or increase sales within the short term, and it is uncertain investment.