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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
[2012 Highest 2729] The Defendant, from July 2002, operated a distributor who trades household goods provided as personal goods at the place of selling illegal health functional foods, mainly with the trade name of Busan Jin-gu C Co., Ltd. (hereinafter “C”).
The Defendant borrowed bills and checks from D and E, which are unable to perform financial transactions in his own name, and issued bills and checks, and settled the price of goods to the Customer. However, since early 2007, the financial situation has deteriorated due to the cumulative accumulation of amounts receivable and inventory, and the Defendant used bonds of 50 million won at the cost.
In addition, on August 27, 2007, there was no intention or ability to pay the price even if the goods were supplied by the transaction partner, such as default on payment for the bill issued under the name of D.
Nevertheless, around May 21, 2007, the Defendant, at the place of business C around May 21, 2007, by deceiving F as if he would normally pay the price for the goods after receiving orders from the injured party G Co., Ltd. with a small household product amounting to KRW 22 million operated by F.
In addition, from that time until September 8, 2007, the Defendant was supplied with the goods equivalent to 514,560,000 won in total at 19 times in the same way as the attached crime list (1) in the same manner as shown in attached Table (1).
【2012 Highest 5035】 The Defendant called E to leave the representative director in the name of E, and concluded a check contract with the bank in the name of E, and issued and used the check.
E accepted this, on May 8, 2007, entered into a check contract with a branch of the Dong-dong branch of the Bank, and made the Defendant enter into a check contract in his name.
around August 2007, the Defendant issued a check number H, face value 10 million won, and a date of issuance to a business entity, the trade name of which is unknown at C offices.