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A defendant shall be punished by imprisonment for not more than ten months.
An application for remedy by an applicant for remedy shall be dismissed.
Reasons
Punishment of the crime
The defendant was engaged in food manufacturing business, and around 2012, the victim B was known at the time when the defendant was employed as the director of the C-LLC, a food material processing company, and around 2015, the victim D was known as the victim was a civil engineering design of the Kim Factory in which the defendant is employed as the director of the division.
1. Around October 2012, the Defendant against the victim B made a false statement to the victim B’s office located in the Sinpo-si, Sinpo-si, stating that “The Defendant agreed to supply the victim to the ASEAN, but if the raw materials cost is urgently required, if the Defendant borrowed only KRW 30 million as the raw materials cost is urgently required, the principal will also be paid and the interest will also be paid upon receiving the supply payment within the two months.”
However, in fact, since from 2012, since the defendant was unable to properly operate the factory that the defendant had operated due to the unpaid payment, the defendant was not able to receive and pay the price for the goods within two months as notified to the victim, and the defendant was able to pay the unpaid price to the customer at the time, and there was no particular profit, and there was no intention or ability to pay the price as promised even if he borrowed the money from the victim.
On November 8, 2012, the Defendant, by deceiving the victim as above, received KRW 30 million from the victim, under the name of the Defendant’s wife F, G Bank account (H) in the name of the Defendant’s wife.
2. Around July 4, 2018, the Defendant made a false statement to the victim D, who is the representative director of the said company, at the J office located in Hong-gun, Hong-gun, Hongsung-gun, Inc., Ltd., the Defendant made payment to the victim D by August 10, 2018.
However, the defendant was in a very difficult situation since 2012 as stated in Paragraph 1, and there was no special revenue, and there was no special repayment plan, so even if he borrowed money from the victim, it is agreed.