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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The defendant of "2019 Highest 2784" is a person who operates C in the name of the wife B, and E in the name of the mother D, and operates the steel products supplier.
Since June 2018, since the cumulative management of the foregoing enterprise, the defendant had been carried out several times from creditors for compulsory auction and provisional attachment against the office owned by the defendant, the defendant, and the apartment owned by B, but there was no money, so it was difficult to repay the money borrowed from other persons.
1. On January 3, 2019, the Defendant received a remittance of KRW 47,135,000 from H to the I bank account on the same day as the day he believed that he/she would immediately supply the materials when he/she received the materials value by telephone to H’s representative director of the victimized company in Busan metropolitan Daegu G, Busan, and that he/she would deliver the materials at low cost.
However, the Defendant received the above money for the repayment of debt at the time, and, even if he did not actually operate the business and did not have the intent or ability to deliver the material, by deceiving H as above, acquired the said money from the victimized company.
2. On January 7, 2019, the Defendant received a remittance of KRW 34,925,50 from K to the account as of the same day on the same day as the day he believed that “The Defendant sent to K the head of the victimized company, who is the director of the victimized company, the money indicated in the te tax invoice to issue the sales tax invoice in the name of E, and if so, would return the money after deducting the amount of the tax.”
However, even if the defendant was willing to use the above money to repay his debt, and did not have the intention or ability to return it to the damaged company, he deceiving K to acquire the above money from the victimized company.
"2019 Highest 5623"
1. On June 26, 2018, the Defendant with respect to the Victim L Co., Ltd. contracts with the victim L Co., Ltd. at the C office located in the first floor of the Seo-gu Incheon M building N, Seo-gu, Incheon.