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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On August 22, 2003, the Defendant was sentenced to imprisonment with prison labor for the same crime at the Daegu District Court on May 12, 2004 and three years for each of the same crimes in the same court, and on November 30, 2006, the parole period was expired on December 31, 2006 while the sentence was executed, and on September 18, 2014, the said judgment became final and conclusive on November 14, 2014.
The Defendant, along with C and D (alias E), established a floating distribution company on the ground of “F” as the so-called “bane president,” and raised money by means of so-called “supply fraud,” in which the Defendant immediately sells goods to a third party without paying the price after receiving a large volume of goods on credit via the Internet and telephone.
From April 207 to May 2007, the Defendant established a mutual distribution company of the Daegu Suwon-gu G and the first floor “H”, which is a floating company. The Defendant and C, as a real president, was in charge of establishing a crime plan and disposing of the goods received from the victims to a third party; D, as a chief director, was in charge of sending the goods to the victims; F, as the chief director, was in charge of taking over the goods when the victims delivered the goods in accordance with the orders.
In collusion with C, D, and F, even if the Defendant was to have received goods from a third party without the intention or ability to pay the price, the Defendant was to acquire profits by disposing of them to a third party. However, on May 25, 2007, D calls to the victim I and calls to the victim I for the transaction of the container in cash. The Defendant was supplied at 3 p.m. on June 5, 2007 by the victim I for the supply of the container at KRW 19,00,000,000 at the market price of KRW 19,00,000 on June 5, 2007.