A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

1. On August 17, 2016, the Defendant would make payments to the victim E by telephone from “D” located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, into the capital gains tax week and one week.

The phrase “ makes a false statement.”

However, in fact, since around May 2016, the Defendant had been unable to recover money due to the power of business, and the debt was KRW 70,000,000 at the time, and the sales proceeds of pigs was operated in a way to prevent a return, such as using the past accounts for the management of the accounts receivable, etc., so even if the Defendant received the said payment from the injured party, he did not have the ability to pay the money normally within a week.

The Defendant, as such, by deceiving the victim, received from the injured party the total amount of KRW 18,014,000 from the injured party twice as stated in the list of crimes, the Defendant received from the injured party the total amount of KRW 18,01,03,00,000 from G logistics warehouse located in Heung-gu, Gyeonggi-gu, Gyeonggi-gu, Gyeonggi-do, the same day.

2. On August 12, 2016, the Defendant made a false statement with the purport that “D” in the retail store of livestock products in the name of “D” in the operation of the Defendant in Bupyeong-gu Incheon Metropolitan City, would make payment by August 18, 2016 to the victim J operating a livestock products wholesaler under the name of “I” by telephone.

그러나 사실은 당시 대출금 채무를 포함하여 약 2억원 상당의 채무가 있었으나 이를 변 제하지 못해 위와 같이 갈비를 납품 받은 즉시 거래 시가보다 낮은 가격으로 처분( 일명 ‘ 땡 처리’) 하여 그 대금으로 외상대금을 변제하는 속칭 ‘ 돌려 막 기’ 방식으로 사업체를 운영하는 등의 사정으로 인해 피해 자로부터 갈비를 납품 받더라

(2) there was no intention or ability to pay the price.

The defendant deceivings the victim as above and is equivalent to 31,54,060 won in total from the victim on August 12, 2016.