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Defendant
A shall be punished by imprisonment with prison labor for each of the crimes of 2015 Godan1856 and 2018 Godan1329.
Reasons
Punishment of the crime
【Defendant A was sentenced to a suspended sentence of 8 months of imprisonment for fraud at the Seoul Central District Court on October 24, 2013, and the said judgment became final and conclusive on February 27, 2014, and on April 23, 2015, the Seoul Western District Court sentenced two years of a suspended sentence of 6 months of imprisonment for the same crime at the Seoul Western District Court on April 23, 2015, and became final and conclusive on May 1, 2015.
【Criminal Facts】 The Defendant and C, from May 2014, operated food materials wholesale and retail business D Co., Ltd. (hereinafter “D”) jointly from May 2014.
On June 1, 2014, the Defendant offered that “A Kimchi Manufacturing Business Group F’s representative director G, Co., Ltd., Ltd., which he/she became aware of through customers in the D office located in Hannam-si, Hannam-si, would supply kimchi and settle the price five days after the end of each week,” and that C supplied kimchi and made a contract for the supply of goods on June 13, 2014 with the above G, which was concluded on June 13, 2014.
However, the Defendant and C had no business performance and had no other self-sufficiency in addition to the profits from the sale of kimchi supplied by the victim company, as well as the fact that the Defendant and C had been subject to ex officio closure from the tax office as of May 30, 2014 on the grounds of the issuance of false tax invoices. Therefore, even if the Defendant and C were to be supplied with kimchi from the victim company, they did not have any intention or ability to pay the price normally.
Nevertheless, the Defendant, in collusion with C, made a false statement as if he would normally pay the price of goods to the victim company, and received from the victim company the supply of Kimchi 4,100 Kg (market price equivalent to 6,150,000 won) at the above D office around June 13, 2014, and received from the victim company a supply of Kimchi 14,00 Kg (market price equivalent to 25,500,000 won) for a total of five times until July 4, 2014.
"2015 Highest 1698" Defendant shall be the defendant on June 23, 2014.