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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The Defendant, as a manufacturer of machinery in Nowon-gu in Seoul Special Metropolitan City, was “D” (the “Establishment”) operator on January 6, 2015 while operating as an individual entrepreneur, and sold X-ray inspection equipment from the victim E to the other company with the machinery manufactured by the Defendant.
1. Around October 6, 2014, the Defendant called “F, an employee of the victim company,” and set up a contract to sell one of H X-ray inspection equipment to the G company. The price for supply is paid as the price is paid from G.
“.....”
However, in fact, at the time of the delivery of machinery from the injured party, there were considerable amounts of KRW 120,000,000,000, such as factory and housing rental deposit and material, but the debt has been KRW 240,000,000,000,000,000, and there was no intention or ability to pay the amount even if the machinery was supplied from the injured party.
Defendant was supplied with machinery equivalent to KRW 36,300,000 at the market price by deceiving the victim as above and allowing the victim to install one equipment for X-ray inspection at the above G factory around December 10, 2014.
2. On November 1, 2014, the Defendant called F, an employee of the victim company, and set up a contract to sell one of the H X-ray inspection equipment to F, Inc., Ltd. A. Around November 1, 2014. The price for supply is paid as the price is paid by I.
“.....”
However, even though there were considerable amounts of KRW 120,000,000,000,000, such as factory and housing rental deposit, materials, etc., however, there was a debt amounting to KRW 240,000,000,000,000 per month, and there was no intention or ability to pay the amount even if the machinery was supplied from the injured party, for instance, the monthly payment to the employees was pushed down with the amount of KRW 200,00 or more
Around November 20, 2014, the defendant deceivings the victim as above and caused the victim to do so, one of the above X-ray inspection equipment at the I factory Co., Ltd.