beta
Text
A defendant shall be punished by imprisonment for six years.
Reasons
Punishment of the crime
1. Investment in the import price of fishery products;
A. A. Around July 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) concluded a false statement that “Around July 2015, the victim C is entitled to import fishery products from Morocco as tax-free free of charge, such as Morocco, and the company entered into a contract with the Ministry of Oceans and Fisheries to sell all fishery products imported from Morocco in Morocco on January 5, 2015, and the company would pay 30% of the amount invested by selling the imported fishery products as profit by using them as the import price for fishery products and selling the imported fishery products.”
However, in fact, when the defendant's management of multiple restaurants is difficult and the deficit is accumulated, it is thought that only a part of the cash of restaurant operation fund and personal debt is used as the import price of fishery products, and there was no intention or ability to pay profits even if the defendant received an investment from the victim.
On September 1, 2015, the Defendant, by deceiving the victim as such, received KRW 140 million from the victim to the H account (I) in the name of the State on September 1, 2015 as the import price of fishery products, and received from the victim, from then to February 12, 2018, a total of KRW 2.98 billion was remitted through 16 times in total, as shown in the list of crimes in the attached list of crimes.
B. Although the Defendant was invested in KRW 1 billion, including KRW 40 million on January 30, 2018 and KRW 600,000 on February 12, 2018 as the import price of fishery products, he/she may use it as the expenses for restaurant operating expenses and personal debt repayment, as above, and upon receipt of a request to present documents proving the fact that he/she delayed the import of fishery products and sent them to the import price of fishery products, he/she may have the victim aware of the fact.