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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 27, 2017, the Defendant was indicted for fraud in the Gwangju District Court's Macheon Branch Office, and is currently pending in the appellate trial.
The defendant is a corporation that actually represents the corporation B (C) and is engaged in the business of installing gold bars and maintaining machinery.
1. Fraud against victim D;
A. A. On December 20, 2015, the Defendant is obligated to enter into a contract with the victim D to provide her with her bat disease (i.e., her 20 million won and her her her her her her her her her her her her her her her her her her her her her her her her her her her her shes
“A false statement” was made.
However, the Defendant was at all unable to make monthly payments to the employees due to the financial difficulties of Company B, which had been operated at the time. Rather, the amount of the establishment of the collateral security for bank loans was equivalent to KRW 5 million per month only for the Defendant, which was 2.8 billion, and the Defendant was unable to make payments to E and other related companies, so even if 20 million won was borrowed from the injured party, there was no intention or ability to make payments within two months.
As such, the Defendant, by deceiving the victim, received KRW 11.2 million from the victim to the company bank account in the name of the Defendant on January 5, 2016, and KRW 8.2 million around the 6th of the same month, and acquired KRW 19.4 million in total from the victim.
B. On August 22, 2016, the Defendant was guilty of the supply of roller equipment, and the Defendant would pay the price to the victim as soon as he was supplied by the Defendant by delivering the bat disease to the victim at the B Office of the Co., Ltd. located in Mayang-si F.
“A false statement” was made.
However, at the time, the Defendant was unable to pay monthly wages to the employees because of the financial difficulties of Company B, which had been operated by the Defendant. Rather, the amount of the establishment of collateral security loans for banks was equivalent to KRW 5 million per month, and the amount of loans was equivalent to KRW 2.8 billion per month, and from July 2016, the Defendant produced and supplied the scrap of scrap bars to Company G from around July 2016.