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Defendant
A Imprisonment with prison labor for one year, and for two years, each of the defendants B.
However, this judgment is delivered to Defendant A.
Reasons
Punishment of the crime
1. “2018 Highest 3316” - Defendants
A. Defendant B’s co-principal is a representative director of the KMAD operating a steel wholesale retail business (hereinafter “D”). Defendant B’s wife as a director of the KMA, and Defendant B’s wife, as the above D’s internal director, is a person in charge of management and business of D.
The Defendants thought that the Defendants had the obligation, such as D's credit payment, received from the victims of 6 billion won a prepaid credit payment from the victims in the name of the purchase cost of iron bars, or purchased iron bars to supply steel bars to the existing purchasing places.
In accordance with the orders of Defendant B, Defendant A made a false statement to the victim E, who operates the Dispute Resolution Co., Ltd. on April 30, 2018, that “The steel price is scheduled to be set off. Our company intends to set off a lot of iron bars in our company, and if a prior payment is made to our company in the name of the purchase cost of steel bars, it will supply steel bars at the price before the increase to our company.”
However, the Defendants were liable to pay approximately KRW 6 billion, including the credit payment that was not paid to the business partner around this case. Around March 2018, “H”, “I” and “J”, etc., which are major business partners, had experienced difficulties in credit transactions by reducing the credit limit on D around March 2018, and continued to be regarded as the deficit. Thus, even if the Defendants were to receive the money from the victim as the purchase cost for the steel delivery, they were intended to use the money as the purchase cost for the steel delivery, and there was no intent or ability to supply the money by purchasing and supplying the iron for the victim.
Ultimately, the Defendants conspired in collusion, and Defendant A deceivings the victim as above, and Defendant B approved the transaction with the victim, and the equipment is the cost of purchasing the iron around May 24, 2018 from the victim.