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

Punishment of the crime

On December 18, 2009, the Defendant was sentenced by the Seoul High Court to a violation of the Act on the Control of Fraud and Illegal Check, and on March 10, 201, the Defendant completed the execution of the sentence in the Ansan Prison on March 10, 201. On January 23, 2014, the Suwon District Court sentenced imprisonment of one year and six months for a crime of fraud at the Suwon District Court, which became final and conclusive on March 28, 2014.

The Defendant, from April 2012, 2012, operated D Co., Ltd., a business entity that manufactures mobile phone charging devices from around 2014 to 105 of the Jung-gu Seoul Special Metropolitan City, Jung-gu, Seoul Special Metropolitan City.

On August 26, 2013, the Defendant made a false statement to the victim M at the above company's office that "after exporting non-ferrous metals to China, it would be exempted from customs duties, but if imported after completing the process of water supply at the Chinese OEM plant, it would pay the price for the delivery of non-metallic metals for the damging until the end of the following month."

However, the defendant received non-ferrous metals from the victim, and then disposed of them as they were intended to use them as company operation funds and repayment of debts, and there was no intention to look at the Chinese factory, and therefore there was no intention or ability to pay the price to the victim according to the agreement.

As above, the Defendant deceivings the victim as to and from August 26, 2013, from the victim to the same year.

9. Until December 27, 200, delivery was made of non-ferrous metals equivalent to KRW 85,943,000 in total nine times as shown in the annexed sheet of crime.

Around January 2013, the Defendant stated that “AD office for the operation of the Defendant, which is located in N2 B B B B B 208 and B207, Seongbuk-gu, Seongbuk-gu, Sungnam-si, and that “AD office for the settlement of the price will be settled by the 30th day of the following month after the end of each month if the Defendant supplies pcb, an electronic device component.”

However, the facts, even if the defendant is supplied with goods by the victim, have the purpose of disposing of them as they are and using them as corporate operating funds, repayment of debts, etc., and the intention or ability to settle the price according to the agreement.