Text
A defendant shall be punished by imprisonment for three years.
Reasons
Criminal facts
On February 16, 2005, the Defendant sentenced the Suwon District Court to two years of imprisonment for fraud, etc., and completed the execution of the sentence in the Ansan Prison on June 28, 2007.
[2011 Highest 239]
1. The Defendant, against the victim B, was in office as the representative director of the D Co., Ltd., Ltd., which was located in W at Osan City from Dec. 2, 2008 to April 2010.
On December 22, 2009, the Defendant stated that “A director G is a company that supplies cryp goods to cryp loan and home fryer, which is urgently needed. The price shall be fixed as desired. It will be settled three days after receiving the price.”
However, there was no intention or ability to pay the price for the goods even if the goods are supplied by the victim because the unit price for the goods to be paid by the defendant to the victim is higher than the unit price for the goods to be paid by the customer and the defendant continues the transaction due to the above unit price for the goods to be paid by the customer.
Nevertheless, around December 22, 2009, the Defendant received 14,800,000 won in the market price from the above G, and acquired property profits by being supplied 15 times in total as shown in the attached list of crimes.
2. Around June 7, 2010, the Defendant entered into a consignment sale agreement with the victim to transfer the sales proceeds to another sales office, where the victim received 4,500 gs of rice 20 gs of 1,50 gs of 1,00 gs of 20 gs of 1,50 gs of 20 gs of 20 gs of 1,50 g from the victim J, with the victim J.
The Defendant, in accordance with the above consignment sale agreement, stored the said rice for the injured party pursuant to the above consignment sale agreement, and deposited 4,050 muls of the said rice from June 10, 201 to June 18, 2010, respectively, 27,000 muls of the said rice.