beta
Text
Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.
However, this judgment is delivered to Defendant E.
Reasons
Punishment of the crime
On September 16, 2011, Defendant A was sentenced to three months of imprisonment with labor for a violation of the Road Traffic Act at the Busan District Court on November 1, 201, and the above judgment became final and conclusive on November 1, 201, and Defendant E was sentenced to two years of suspension of execution on January 26, 201 for a violation of the Specialized Credit Financial Business Act at the Ansan Branch of the Suwon District Court on January 18, 201, and the above judgment became final and conclusive on January 26, 201.
Criminal facts
1. On December 16, 2008, Defendant A’s sole criminal defendant stated to the effect that “If food materials are supplied, the price would be paid by December 24, 2008.” Defendant A’s sole criminal defendant would be paid by December 24, 2008.”
However, in fact, even if the Defendant received food materials from the victim, it was thought that the Defendant would use the sales price as the fund for the acquisition of the Mart. At the time, he was liable for approximately KRW 70 million and did not have surplus funds, and there was no intention or ability to pay the price to the victim within the above period.
Nevertheless, the Defendant, as such, by deceiving the victim and failing to pay the victim the amount of KRW 5,440,00 which is equivalent to that of KRW 5,40,00 on December 16, 2008; by failing to pay the five boxes of KRW 185,000 on December 18, 2008; and by failing to pay the remainder of KRW 7,42,000 on December 20, 208, which is equivalent to KRW 3,70,000, which is equivalent to KRW 1,883,000 on December 20, 208.
2. The Defendants’ co-principals do not have the ability to pay the amount to the business partner immediately after the delivery of L, M as the lack of initial capital. However, on May 9, 2010, the Defendants engaged in the business of distributing fishery products under the trade name of “O” registered in the name of Defendant E around April 9, 2010, and sold fishery products by Defendant A, L, and M from the business partner, and the account in the name of Defendant E.