A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

The Defendant is a person who had been operating textile trade business under the trade name of the F Co., Ltd. (hereinafter “F”) from August 2009 to November 2015, Ansan-si building 403 in Ansan-si E (hereinafter “F”).

.2016 Highest 499

1. Fraud;

A. On October 2015, the criminal defendant against the victim G calls the victim G, who is the operator of the “H” company, a business partner, at the F office in the early police officer’s office, to pay the amount by the end of the following month, for supplying the Textiles yarn.

“.........”

그러나 사실 피고인은 2015년 경부터 회사 운영상황이 급격히 악화되어 당시 총 부채가 약 5억 원, 한 달 이자가 약 450만 원 상당에 이르렀으며, 공급 받는 원단의 상당부분을 속칭 ‘ 땡 처리 ’를 통해 현금화하여 급한 채무, 사채, 대출 이자 등을 갚아야 할 상황이었기 때문에, 피해 자로부터 섬유 원단을 공급 받더라도 이를 정상적으로 가공, 판매하여 다음달 말까지 대금을 지급할 의사나 능력이 없었다.

Nevertheless, the Defendant was supplied with 681,210 fibers worth KRW 234.9kg from the injured party on October 6, 2015, and acquired 277,613,676 g of a total price of 17 times, such as the last 17 times during the period from November 27 to November 27, 2015, and acquired 96,242.5kg of a fibers worth KRW 277,66.

B. On October 2015, the Defendant against the victim I calls the victim I, who is the operator of the “J” company, the business partner, at the office of Fman in early October 2015, to pay the amount by the end of the following month when supplying the Textiles.

“.........”

However, the defendant had no intention or ability to pay the price by the end of the following month by normally processing, selling, and selling, even if he receives a fiber from the injured party due to the same situation as described in the above A.

Nevertheless, the defendant's above-mentioned false statements are damaged by the injured party.