A defendant shall be punished by imprisonment for not less than three years and six months.

Criminal facts

The Defendant is North Korean defectors who escaped from North Korea around August 1999, and is the representative director of Seocho-gu Seoul Metropolitan Government D Building Co., Ltd. (hereinafter “E”) located on January 8, 2015, established on January 8, 2015.

On April 2016, the Defendant: (a) G representative director G of F Co., Ltd. (hereinafter “victim”); and (b) director H, “The damaged Co., Ltd., Ltd., having the capacity to import smoke, imports smoke from Russia OTPPDDD companies, and sells it to E, by dividing half of the profits accrued from selling it to a third party by E.

However, because E has no money to pay the purchase price, it is expected that E will settle the purchase price with the money without delay if it is received from a third party.

“......”

However, in fact, E was thought to be used as wages for employees, labor income tax, employment insurance, industrial accident insurance, and other E business funds, I acquired money, personal use, etc. At that time, and even if there was no specific property, and even if income was received from a third party, there was no intention or ability to pay the amount of unpaid coal sales to the victim normally, even if he did not receive the payment from a third party, since there was no specific property, such as about 100 million won of debt at that time.

Nevertheless, on July 7, 2016, the defendant deceivings the victimized company and caused the victimized company to enter into an import contract with the OPTRALDDDDD company located in Russia on July 7, 2016, and on July 20, the defendant paid US$594,000 (which is equivalent to US$ 675,972,000) to the said company for the above consideration.

8. 10. Having kept approximately KRW 5,000 tons of anthracited coal, and then received the same amount from the injured company at the end of October 2016 and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Each investigation report (Attachment of bills of foreign exchange transactions, etc., submission of data by an agent for complaint, and submission of certificates of deposit transactions);

1. Documents to be attached to the written complaint (a certified copy of the corporate registry; and