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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On October 8, 2014, the Defendant called “the Defendant” to pay KRW 2,880,000,000,000 to the employees in charge of the said company by phone call to the victim ethyl Korea Co., Ltd. at the office of the Defendant’s management company located in Geumnam-gun, Chungcheongnam-do., the Defendant called “the Defendant” to pay KRW 2,288,00,000,000,000 to the employees in charge of the said
However, even if the defendant received the above goods from the injured party, the defendant did not have an intention or ability to pay the price immediately as agreed.
The Defendant, as such, by deceiving the victim, was issued a pipe in an amount equivalent to 2,880,000 won in total from the market price owned by the victim on the same day.
2. Fraud against victim F Co., Ltd.;
A. On October 23, 2014, the Defendant called the victim F Co., Ltd. at a place where it is not known to the Defendant around October 23, 2014, and called that “the amount equivalent to KRW 23,446,50 of the steel pipeline 1,600 for advance payment is changed to the employees in charge of the said company. The Defendant paid the remainder immediately after receiving the payment.”
However, even if the Defendant received the above goods from the injured party, the Defendant did not have any intention or ability to pay the remaining amount of KRW 13,446,50 to the injured party immediately.
The Defendant, by deceiving the victim as such, received steel pipes equivalent to KRW 23,465,00 in total at the market price owned by the victim on the same day from the victim.
B. On October 27, 2014, the Defendant called the victim F Co., Ltd. at a place where it is not known to the Defendant at around October 27, 2014, saying, “If the Defendant supplied an employee in charge of the said company with a total of KRW 6750,00,000, such as a steel pipe, to pay the price without delay, along with the balance described in the said paragraph.”
However, even if the defendant received the above goods from the injured party, the defendant shall immediately pay 20,211,500 won plus the balance specified in the above paragraph (a).