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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal records] On January 11, 2018, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Northern District Court on March 16, 2018 and the judgment became final and conclusive on March 16, 2018.
[2] The Defendant, while operating the “B” as a livestock product distributor, established a corporation during which he was unable to go beyond the hostile situation and established a livestock product distribution business as a internal director, and established B around August 25, 2014, and planned to distribute agricultural and fishery products around October 24, 2014, and changed B’s trade name to D.
The Defendant planned to distribute agricultural and fishery products while operating the company D in substance. However, D’s capital amount to KRW 3 million, while the Defendant purchased agricultural and fishery products due to no certain income or property in bad faith, the Defendant could not pay the purchase price to the purchaser unless it is sold at a price higher than the purchase price.
Under these circumstances, the Defendant purchased agricultural and fishery products on credit, received cash without leaving sales data, and sold them, and the Defendant was willing to pay only a part of the price to the purchaser.
1. On November 201, 2014, the Defendant jointly committed with the “E” refers to the role of managing the office of the Defendant between the Defendant and the “E”, and the “E” said “E” was to act as an order for a fishery products wholesale business entity, and on November 20, 2014, at the seat of the Seoul Dobong-gu F building and the office of the first floor Co., Ltd., Ltd., Ltd., the said “E” called “E” to the victim G and pay the amount within a number of days if he/she would supply ties and return, etc. to the employees of the victim G by phone.”
However, even if the fishery products are supplied by the victim company, the defendant and the above "E" did not have the intent or ability to pay the price as agreed.
The Defendant, as such, deceiving the Victim G Co., Ltd. and deceiving the victim.