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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On July 5, 2019, the Defendant: (a) at the office of the Defendant’s management (jum) office located in the Sing-si, Young-si, the Defendant opened a credit in the name of the Dispute Resolution Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”); and (b) immediately paid KRW 63,58,31 of the purchase price after importing the credit in the name of the Dispute Resolution Co., Ltd. (hereinafter referred to as “Co.”).
The original team may pay the price in cash because there is a person who will die when only the goods can be immediately commercialized, such as gold, arrive at Busan.
In one month, if you increase the transaction, it would eventually be able to obtain a U.S. credit, which would rise to the credit of the president of the E company.
However, in fact, the defendant management dispute resolution committee failed to recover the transaction price properly, and even if E opens a letter of credit in the name of the victim company and imports the original part in China, it was thought that it would be used for other debt repayment, etc. as the sales price of the original part, and the defendant has no particular property due to bad credit, and even if E receives the original part of the credit, it did not have any intent or ability to pay the amount to the victim company as agreed upon.
Accordingly, the Defendant, by deceiving E, caused E to issue a credit in the name of the victim company at around July 22, 2019, and then imported the source of direct goods in China from July 28, 2019, but did not pay the purchase price and had the victim company pay the purchase price in lieu of the above credit price of KRW 63 million around October 29, 2019.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police for E;
1. A copy of an export agency contract, a copy of the credit, credit information history, record, records of the entry and exit transactions (stock company D), a G account transaction statement in the name of the Dispute Resolution Co., Ltd., and a dispute resolution committee.