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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On March 11, 2009, the Defendant was sentenced to one year and six months in Seoul High Court to imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and completed the enforcement of the sentence on September 5, 2009. On April 19, 2013, the judgment was finalized on April 25, 2013 after having been sentenced to imprisonment with prison labor for not more than one year and six months at the Busan District Court for an illegal act, and on December 5, 2014, the judgment became final and conclusive on February 26, 2015.
1. On April 25, 2012, the defrauded stated that “The Defendant would issue bills and settle them within two to three months on the face of the supply of cryptive work materials, such as horses and boats, to the victim D, who operates a corporation manufacturing construction materials, at the office of a stock company operated by the Defendant located in the Si of Gyeonggi-do, Gyeonggi-do.”
However, as the deficit accumulated, the total amount of the debt exceeds the total amount of capital since 2011, and on March 2012, E, the principal contractor, who ordered the construction to the Defendant, was subject to a claim of the amount equivalent to KRW 1.6 billion due to the default of payment of E, which is the principal contractor who ordered the construction work, this time has been faced with serious financial difficulties, such as the intensive issuance of a number of bills at the time when the said C was finally settled for the payment of the construction cost or the purchase of land, which is the time when the said C was in default, and thus there was no intention or ability to pay the price of the materials by paying the bills within 2-3 months even if receiving the materials from the victim.
Nevertheless, the Defendant, as seen above, was informed of the victim’s deceiving the victim and then received a total of KRW 153,450,000 from April 25, 2012 to May 14, 2012 from the victim.
2. Around May 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) to the above victim at the above C Office (F).