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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[2015 Godan165] Around April 2012, the Defendant operated “F” in Mapo-gu Seoul, which is operated by C (B prior to the opening of name D) in the form of sub-lease, and agreed to set the operating profit of 2.5 million won per month to C, and operated the said “F”. Around June 1, 2012, the Defendant began to operate the “I” on the first floor of the H building in Mapo-gu Seoul, Mapo-gu, Seoul, which is operated by C, in the form of sub-lease and the monthly operating profit of 1.5 million won per month to G.
The Defendant, one’s own as the victim G, by deceiving the liquor company to exclusively supply alcoholic beverages from the aforementioned “F” and “I” and to pay alcoholic beverages normally at the two main points, and by inducing the Defendant to receive alcoholic beverage subsidies, which are the price for the exclusive supply of alcoholic beverages, in duplicate from the various kinds of alcoholic beverage companies, and to receive alcoholic beverages and receive them by fraud.
On July 16, 2012, the Defendant, at the above “I” around July 16, 2012, stated that the Defendant, who was employed by the victim-limited liability company, was supplied exclusively from the victim, sold alcoholic beverages to customers, and sold alcoholic beverages to customers, thereby making a normal repayment of the cost of alcoholic beverages in return.
However, for the above reasons, the Defendant received alcoholic beverage subsidies in duplicate from multiple alcoholic beverage companies, and there was no intention or ability to pay alcoholic beverage payments even if he received alcoholic beverages from a hostile accumulated due to business depression at the time.
Nevertheless, the Defendant deceiving the victim as above and received liquor equivalent to KRW 5 million in the name of alcoholic beverage subsidies and KRW 1,933,400 in the market price around that time. From around that time to August 2, 2012, the amount of alcoholic beverage subsidies equivalent to KRW 72,540,234 in total over 13 times, as shown in the separate crime sight table (2015 Godan165) in the aforementioned manner.