A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The Defendant became aware of the fact that, around October 2012, the victim company should promptly dispose of basic cosmetics due to the creation of approximately KRW 600 million by D, a team leader of the International Pharmaceutical Industry Co., Ltd. (hereinafter “victim”) around the victim company, as the actual operator of the “C”, who is a distributor, was unable to implement the project due to the default of the check of the number of shares.

Around November 2012, the Defendant made a false statement to the effect that “cosmetics can be supplied to the warehouse in which cosmetics can be decided and loaded at the time of delivery of cosmetics.” At the latest until December 2012, the Defendant would pay KRW 143 million including sales proceeds and value added tax.”

However, the defendant did not have the intention or ability to pay sales proceeds even if he sells cosmetics of the victimized company due to the lack of living costs and difficult circumstances of the C company.

From November 13, 2012 to November 16, 2012 of the same year, the Defendant received approximately 140,000,000 won of cosmetics from D, which were issued approximately 171,998 points in total, as shown in the list of crimes in the attached Table, from November 13, 2012.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Each legal statement of witness E, F, and D;

1. Each police statement to F and E;

1. A complaint, statement of transaction, revised electronic tax invoice, certificate of payment of the price of goods, peremptory notice, receipt, record book;

1. Application of statutes concerning criminal records;

1. In full view of the following facts: (a) the Defendant, who was convicted of a crime under Article 347(1) of the Criminal Act regarding the relevant criminal facts, ordered most of the goods immediately after being delivered cosmetics from the victimized company; (b) some of the sales proceeds was not paid to the victimized company; and (c) disposed of even sampling, etc., it may be sufficiently recognized that the Defendant was unable to have had the intent and ability to pay the sales proceeds.