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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The Defendant, from April 2013 to July 201 of the same year, was a person who runs food material distribution business in Sii-si, as “E,” and was aware through Defendant F’s staff members F around January 2013 after being introduced the Victim G through Defendant F. The Defendant was paid in relation to the victim from April 2013 to the victim.
The Defendant, without notifying the victim of the detailed financial situation concerning his food materials business, explained to the effect that “it is possible to earn profits from an investment,” etc., with the victim’s intent to use the money.
1. From early April 2013 to June 28, 2013, the defrauded Defendant issued a discount by 17% to the victim in a trade in an infinite-si, Seocheon-gu, Seocheon-gu, Seocheon-si, Seoul, on April 2013.
In this case, 5 million won can be generated by this transaction, and 50% of the profit after a month will be given by lending 25 million won.
“.....”
However, in fact, since around December 2012, the Defendant had aggravated business performance due to the suspension of H’s transaction, etc., which is a trading company, and accordingly, on April 2013, the Defendant was liable to pay the amount of money to the customer account amounting to KRW 200 million, the amount of tax in arrears is equivalent to KRW 20 million, and the amount of corporate bank M&S loan exceeds KRW 96 million, and thus, the Defendant is obliged to use the money received from the victimized party to pay fixed expenses, such as the repayment of the existing debt, the payment of wages, etc., and even if receiving money from the victimized party, the Defendant did not have any capacity or intent to perform the said contractual terms.
The Defendant received KRW 20 million from the injured party to the Defendant’s passbook around April 17, 2013, and received KRW 99,500,000 in total from around that time to June 28, 2013 by the same method as the No. 1 to No. 7 of the List of Crimes in the attached Table 1 through No. 7, from around that time to around June 28, 2013, and deceiving the injured party to property.