beta
Text
A defendant shall be punished by imprisonment for not more than ten months.
The defendant shall pay 60,577,848 won to B who is an applicant for compensation.
3.2
Reasons
Punishment of the crime
[2018 Highest 6051] The Defendant is an auditor of E Co., Ltd. and a person who actually operates the said company established for the purpose of overseas purchase agency business in Daegu Suwon-gu CtelD.
At around 15:00 on September 28, 2017, the Defendant made a false statement to the G, “F, a staff member of the company selling the instant golf products, operates a foreign purchasing agency company called domestic corporation E, and the director of the company exporting the golf products in the U.S. is also in charge of the company. H golf products ordered by the Defendant, the H golf products export company in the U.S., would be imported by proxy through the company exporting the golf products in the U.S., to advance payment in Korean won.”
However, as long as the defendant did not transfer the purchase price for golf products from the victim to the exporting company of golf products in the U.S. because he did not have a director of the company exporting the golf products in the U.S., the defendant did not take measures to allow the victim to import the golf products in a timely manner, so the defendant did not receive the purchase price for the golf products from the victim in Korean won and did not want to use it as operating expenses, such as personnel expenses of E for employees of the company, and it did not have any intent or ability to import the golf products on behalf of the victim by transferring it to the exporting company of the golf products in the U.S. by foreign currency.
Nevertheless, the Defendant, as seen above, received KRW 3,00,000 from the victim on October 2, 2017; KRW 15,920,913 on the 27th of the same month; KRW 10,000,000 on the 31st of the same month; KRW 10,000,000 on the 28th of the same year; and KRW 21,636,935 on the 28th of the same year; and KRW 60,57,848 on the 21,636,935 on the 28th of the same year.
Accordingly, the defendant was given property from the victim by deceiving the victim.
[2019 Highest 510] Defendant