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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The defendant is a person who carries on the business of manufacturing precious metals and liquid metal with the trade name of D Co., Ltd.
The Defendant, at the D office located in Gangnam-gu Seoul Metropolitan Government around January 21, 2016, paid the amount of tax invoice, including 14% of the fee, to G, an employee of the victim F, “a person who intends to import and sell women’s fashion visibility, etc., by opening a letter of credit under the name of F Co., Ltd. in order to import and sell it, and by acting as an agent for import, the Defendant would pay the amount of tax invoice, including 14% of the fee,
“In other words, after concluding an import agency contract with the victim at tin, the letter of credit was issued in the name of the victim at USD 116,936 ($ 141,901,957) as of March 15, 2016 with the same day on the same day.
Based on the above L/C, Defendant was supplied by the victim company with goods equivalent to KRW 158,472,710 (including completion) on behalf of the victim company on February 5, 2016, and received from the victim company goods equivalent to KRW 21,238,580 (including completion) on behalf of the second import around March 24, 2016.
However, in fact, since the beginning of 2015, the Defendant sharply increased the accumulated amount of company sales (as of the end of 2015, approximately KRW 1.4 billion) and the amount of national taxes was not paid at once, as of March 1, 2016, and national taxes were also as of March 1, 2016 (the record 31 page). As such, when the second import was in arrears, the Defendant had already been determined in arrears, and even if the credit was opened under the name of the victim and imported the fashion goods, it was difficult for the Defendant to pay the credit payment at time, and the Defendant was also difficult to pay the credit payment by proxy, without notifying the said G, etc. of the above important facts, and made a false statement as to the fact that the Defendant was unable to pay the credit payment by proxy.
Ultimately, the defendant deceivings the victim as above, let the victim issue a letter of credit, and let the victim import as an agent, and thereby let the victim pay for the goods.