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1. The defendant shall be punished by imprisonment for two years;
Reasons
Punishment of the crime
[Criminal history] On August 11, 2016, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Seoul Southern District Court, and the said judgment became final and conclusive on January 9, 2017.
[Criminal facts] The defendant is the representative director of E Co., Ltd. which entered into a contract with D and regularly agency.
1. On July 15, 2014, the Defendant against the Victim F is expected to give the Victim F with the right to operate H when he/she provides cash and real estate security to use as guarantee money, human fees, etc. at the office of the Defendant’s management Co., Ltd., Ltd., Inc., Ltd., located in Gyeonggi-si, G and B 202 of the Gyeonggi-si, Sungnam-si, G, and Dong 202.
When the contract is terminated, the deposit shall be returned within one month.
The phrase “ makes a false statement.”
However, at the time of the fact, the outstanding amount of the defendant company's purchase of goods against D Co., Ltd. was KRW 230 million. The total amount of the assets of the defendant company was KRW 1 billion, but the total amount of the assets of the defendant company was KRW 1.6774 billion, but the total amount of the liabilities exceeded KRW 1.674 billion, and the liabilities exceeded KRW 600 million, and the personal liabilities of the defendant were paid KRW 200 million to the injured party and the security was provided.
Even if the goods were purchased from D Co., Ltd. and there was no intention or ability to supply the goods to the victim normally, and there was no intention or ability to return the deposited money to the victim after the contract is terminated or terminate the established collateral security.
The Defendant: (a) by deceiving the victim as above; (b) delivered KRW 40 million from the victim under the same day as the deposit money; and (c) caused the victim to set up a collateral security right of KRW 103 100,000,000,000,000,000 for the Defendant Company’s D, debtor Co., Ltd., E, and the maximum amount of the claim; and (d) acquired pecuniary benefits equivalent to the above amount by being provided as security for the Defendant Company’s D Co., Ltd.’s debt.
2. On November 30, 2012, the criminal defendant against the victim K with the victim K around November 30, 2012.