A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[Majority Opinion] On March 16, 2017, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court on March 16, 201, and the judgment became final and conclusive on June 15, 2017.

[2] The defendant is the representative director of the Co., Ltd. (A) for the purpose of manufacturing and wholesale and retail electronic equipment, parts, and manufacturing in the Nowon-gu, Busan Special Metropolitan City. (C)

On July 25, 2012, the Defendant: (a) at the above C office around July 25, 2012, the Defendant supplied the Victim E Co., Ltd. (hereinafter “victim”)’s business employees F, “B had previously been supplied one channel shower, but at this time, the Defendant plans to produce HD class 2 channel shower (hereinafter “second channel shower”) with new function added; (b) this product has a algorithm vehicle registration license plate trackingm; (c) is a product with considerable technical capacity; (d) the Defendant is obliged to pay advance payment first, and then, he would supply the product without mold so that the product can be sold through the Home shopping ( September 30, 2017).”

However, at the time of fact, C was insufficient to operate the company, and the two channel show boxes products were being developed, and they did not reach the stage of commercialization, and advance payments received from the victim company were planned to be used as the C company operating funds, so even if advance payments were made, C did not have an intention or ability to supply the two channel show boxes products normally.

Nevertheless, on August 20, 2012, the Defendant acquired 2.5 billion won under the name of 1500 million won for the goods of the G bank box (I) in the “D” account (number: H) operated by the Defendant, a corporation operated by the Defendant, from the victim company.

Summary of Evidence

1. Each legal statement of the witness J and F;

1. Some statements concerning the accused in the prosecutor's office and the police interrogation protocol;

1. Each police officer against J and F.