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A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
Around October 2004, the Defendant stated to the effect that “If he imports and sells the payment from the Philippines to Korea, he will have a lot of maths remaining if he imports and sells it.” D referred to the purport that “if he imports and sells it to Korea, he will have a lot of 4-50% maths if he imports and sells it to the Republic of Korea in the subway station near the subway station located in Guro-gu Seoul Metropolitan Government, Guro-gu, Seoul, for October 1, 2004. Local business operators of the Philippines and the Defendant (Defendants) secure the payment.”
Since then, the Defendant, along with D, stated to the effect that “In order to arrange for the payment secured” to the victim through the above C, the Defendant paid the down payment. D, on December 2, 2004, stated to the effect that “In order to sell and purchase the victim’s 300 tons of delivery or 114 million won as contract deposit, the Defendant would bring the payment in the Republic of the Philippines at the port of Mean, one week after the payment is made,” and that “I will bring the payment in the amount equivalent to KRW 20,000 in the contract deposit.”
However, in fact, the defendant and D did not have any intention or ability to receive money even if they receive money from the victim because they were not in a state of securing the payment and there was no confirmation of the existence or possibility of securing the payment.
On December 13, 2004, the Defendant received, together with D, USD 20,00 (limited to KRW 21,600,000) from the victim in the manner of receiving delivery of USD 20,00 (limited to KRW 21,60,00) as the down payment before D departs from the Incheon Airport as the down payment.
The Defendant continuously instructed D to “B to inform B of the account to deposit the balance,” and D to the effect that “B shall meet the victim on January 2, 2005 after returning to the Republic of Korea from the Philippines,” but “the exporter is unable to secure the goods due to the financial situation, so the balance may be paid first, and the shipment may be made immediately on the face of money.”
However, in fact, the defendant and D have not been in the state of securing payment, and there is a payment.