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A defendant shall be punished by imprisonment for a term of one year and ten months.
Reasons
Punishment of the crime
[2016 Highest 4767] On September 21, 2015, the Defendant stated to the effect that “When the Defendant supplies E, an employee, a victim (a State) D (hereinafter “victim”) located in Bupyeong-gu Incheon Metropolitan Government (hereinafter “victim Company”), the Defendant would make settlement in cash on October 30, 205, and set up a collateral security right of KRW 200 million at the maximum amount of the credit amount of KRW 8,9,100,00 on the first floor of the G commercial building owned by F, the amount of which is equivalent to KRW 600,00,00,000.”
However, on September 22, 2015, the Defendant entered into a contract with F to purchase 8, 9, and 10 billion won on the 1st floor of Dongdaemun-gu Seoul Metropolitan City G shopping mall 1st, the ownership of which is 200 million won, and the term of the contract is 5 million won if the Defendant pays the down payment, the F set up a collateral equivalent to 200 million won on the above commercial building as collateral so that the Defendant can be supplied with goods equivalent to 200 million won from the victim company. The Defendant received goods equivalent to 200 million won from the victim company and sold them, and the Defendant did not have any intent or ability to pay the remainder as the purchase price, even if the goods supplied by the victim company were sold.
In addition, even if the goods were supplied by one victim company and sold them to H, only the remaining amount after deducting the debt amount of 40 million won was collected from H, and even if the remainder of the goods was paid from H, there was no intention or ability to pay the amount to the victim company.
Nevertheless, as above, the defendant deceiving E, who is an employee of the victim company, and he obtained a delivery from the victim company on September 22, 2015 of the market price of 100 Ecopos and 85 million won from Ecos and acquired it by deceit.
[2016 Highest 6568] The Defendant was the victim at the “J” restaurant located in I and I in the Yangju-si of the Gyeonggi-do on September 22, 2015.