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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
[2012 Highest 4380] On January 2001, the Defendant made a false statement that “If a household is supplied, the price shall be paid in a promissory note and the price shall be paid on the settlement date.”
However, in fact, the company that was operated by the defendant was in a difficult condition to make normal payments due to the bankruptcy, and the household that received from the victim did not have the intent or ability to pay the victim normally due to the situation where the victim would pay the unpaid amount by dumping.
The Defendant, as above, by deceiving the victim as above, received a total of 25,367,00 won from the end of January 2001 to July 25, 2001, as shown in the annexed crime list (1), from the victim to the end of January 2001.
[2012 Highest 4859] On March 17, 2001, the Defendant made a false statement to the victim G operating “F” at the store of household sales in the name of “E and C” operated by the Defendant located in Gwangju North-gu, Gwangju, that “The price shall be paid in a promissory note and the price shall be paid on the settlement date.”
However, in fact, the company of the defendant's operation was in a difficult condition to make normal payments due to the bankruptcy, and the household that received from the victim did not have the intent or ability to pay the victim normally due to the situation where the victim would pay the unpaid amount by dumping.
The Defendant, as such, by deceiving the victim, was supplied by the victim with a total of KRW 29,760,000 from around that time to July 6, 2001, as shown in the annexed Table of Crimes (2).
[2013 Highest 199] The Defendant was a person who was engaged in the wholesale and retail business of the household of H in Gwangju North-gu, Gwangju-gu, and paid the price as promissory note if the Defendant supplied the household to the victim J around April 17, 2001 from the “K” in the operation of the victim J in Gyeonggi-si, Gwangju-gu, to the victim J.