A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

The Defendant is a representative director of C Co., Ltd. (hereinafter referred to as “C”) established for the purpose of manufacturing and selling information and communications appliances.

C Around 2010, the “D construction project”, which was scheduled to be completed, was reported as many losses had been delayed for three years, and the liabilities, such as the development of new business and investment to compensate for such losses, but the sales of which are low, increase only the cost, etc., are over one billion won. As such, even if the “KT-UPS storage storage storage device” was supplied from the information and communication company for the victim, there was no intention or ability to fully pay the price within the agreed date.

Nevertheless, on October 24, 2012, the Defendant, at the office located in Songpa-gu Seoul E-building C-811, falsely stated that “If the Defendant supplies the UPS storage cell monitoring device to be supplied to the company K (hereinafter “K”) to the damaged company, the Defendant would pay the price in cash within 10 days from the date of receipt of the progress payment from KT.”

The Defendant received the UPS storage cell surveillance devices equivalent to KRW 1,446,741,331 from November 12, 2012 to February 21 of the same month from the victimized Company.

Accordingly, the defendant was given property by deceiving the damaged company.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Application of Acts and subordinate statutes to a contract for goods supply, a written order, a delivery inspection certificate, a payment assurance, a written repayment statement, a written repayment statement, a rehabilitation decision, a statement of passbook transaction, details of corporate passbook transaction, investigation report (Submission of suspect short-term loans and ledgers, etc.

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act concerning the crime;

1. Whether a person has committed fraud under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. That the Defendant and his defense counsel attempted not to pay the price from the time of delivery of the UPS storage cell surveillance device.