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A defendant shall be punished by imprisonment for a term of one year and eight months.
Reasons
Criminal facts
The Defendant is a person who operates a fishery partnership corporation, which is a fishery products distributor, such as d', of the building B in Jeonnam-do.
On August 8, 2016, the Defendant stated that “The Defendant would supply a uniform to home shopping, and export the uniform to China.” The Defendant continued to supply the uniform, that “The Defendant would pay the price for the uniform as sold within 1 to 2 months, on the face of the week.”
However, around that time, the Defendant was liable for the full-time payment amounting to KRW 600 million for financial rights and for KRW 180 million for F, who is the party with a full-time transaction. Around June 2016, the Defendant began to deliver the full-time payment to the Chinese exporter, but around July 2016, the Defendant continued to pay the full-time payment due to the following reasons: (a) the Defendant’s financial situation worsens; (b) around July 2016, when the full-time payment of KRW 150 million for the Defendant’s tank was discontinued; and (c) the Defendant had no intention or ability to pay the full-time payment in a way that prevents the payment to the customer; and (d) around August 2016, 2016, immediately after the victim’s full-time payment was commenced, the amount of KRW 150 million for the first time after the victim’s full-time payment of KRW 150 million for the suspension of the full-time export business.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 470,000 from the victim on August 5, 2016, a full 490 km of KRW 490 km from the date and time to March 29, 2018, and received delivery of KRW 35,3230,000 in total over 63 times, as shown in the list of crimes in attached Table.
Summary of Evidence
1. Investigation report on the criminal defendant's partial statement E's legal statement in court, statement of transaction, statement of transaction (person with reference G telephone conversations) and statement of transaction (from 2012 to 2016);
1. Application of corporate register (D), account transaction details (D), and Acts and subordinate statutes governing notarial deeds;
1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.