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A defendant shall be punished by imprisonment for one year.
Reasons
A. On July 11, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Labor Standards Act, etc. by the District Court of the Republic of Korea on July 11, 2013, and the said judgment was finalized on August 23, 2013.
1. On January 4, 2012, the Defendant said that the Defendant would pay the price with a promissory note if the Defendant supplies approximately 40 non-ferrous metals products, such as about 1.0*1219*2438, at D office located in Pakistan Co., Ltd., Ltd. (hereinafter referred to as the Defendant’s representative, to the victim F.
However, around 2011, the Defendant was unable to pay approximately KRW 80 million out of the steel market price supplied by the victim. Around that time, the Defendant was anticipated to be unable to pay a promissory note worth KRW 380,000,000,000, which comes due on March 20, 2012, and requested creditors including the victim to postpone the due date for payment. Around March 2012, the Defendant failed to recover a promissory note and a check issued by the victim until March 2012. At the time, the sum of the loans extended KRW 1.36,60,000,000,000, and the sum of four premiums overdue from November 201 to December 31, 2011, the Defendant was unable to pay the total amount of KRW 309,000,000,000,0000, and there was no employee’s ability to pay the amount from the victim’s wages.
As such, the Defendant, by deceiving the victim, obtained a total amount of 105,434,584 won from that time to April 18, 2012, and acquired by defrauding the victim.
2. In the same place as indicated in paragraph (1) at the end of February, 2012, the Defendant: (a) stated that “the Defendant shall pay interest up to one year after the date of the payment on June 30, 2012, there is a promissory note number G with the payment date of KRW 74.5 million; and (b) the bill is discounted.”
However, in fact, the Defendant was in difficult condition to operate the company as above, and thus, the bill discount from the victim.