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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
(1)The defendant is the F Director.
1. On October 22, 2010, the Defendant: (a) at the office of the victim H management I company located in Young-gu G in Busan Metropolitan City, the Defendant appears to have expressed the attitude that all the victims received the purchase price for the “J” vessel located in Russia from the victim to use the vessel for the purpose of purchasing the said vessel; and (b) stated that the victim “Is the vessel to purchase the Russia, with the intention of purchasing the vessel directly, and as there are many parts that would be non-railroads and money, it will be seen that Isus would be reconstructed if the Defendant dismantles the vessel.”
However, at the time, the above vessel was not in the form of purchase by the Defendant directly from the shipowner, but in the form of purchasing the above vessel from the shipowner and delivering it to the Defendant, and there was a person who intends to take over the above vessel in Russia in addition to the Defendant. As such, in order for the Defendant to purchase the above vessel and deliver it to the victim according to his promise, the Defendant was required to transfer the purchase price within the due date pursuant to the terms and conditions of the contract with K. However, in addition to the above vessel, the Defendant was also obligated to purchase or purchase other vessels such as “L”, “M”, “N”, “O”, and “P” other vessels, other than the above vessels, and even if it was difficult to purchase all the above vessels, there was no intention or ability to use the above vessels for the specified purpose, such as remitting them within the due date.
Nevertheless, the Defendant, while hiding such circumstances, solicits the victim to purchase the above ship through the Defendant, and then solicits the victim to purchase it on October 25, 2010, 200 million won from the victim on October 28, 201, 70 million won on November 11 of the same month, 15.13 million won on January 15 of the same month, and 22.5 million won on December 2, 201 through the new bank account in the name of the Defendant company on the pretext of the purchase price for the above ship over five occasions.