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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The Defendant, “2015 Godan1695,” purchased scrap metal, rain metals, etc. from Jincheon-gun, Jincheon-gun, Chungcheongnam-do, and supplied them to other companies, is the representative director of “E”.
On July 16, 2014, Cheongju District Court decided to commence the auction of the above workplace of E Co., Ltd. on or around July 16, 2014. Around September 2014, Cheongju District Court was urged to pay approximately KRW 570 million with national tax in arrears, and was normally purchased and supplied to other companies.
Nevertheless, the defendant concluded a supply contract with an enterprise in need of non-ferrous and received the deposit or advance payment, and first received it, and then acquired the deposit, etc. in a way that does not supply it later.
1. Around October 2, 2014, the Defendant: (a) stated that “Around October 2, 2014, the Victim G Co., Ltd., Ltd., in the office of the E company located in Jincheon-gun, Jincheon-gun, Jincheon-gun, the Defendant supplied the victim G’s agent, with a deposit of KRW 30 million every month for one year.”
However, as above, the Defendant purchased non-ferrouss and supplied them to other companies. In addition to G Co., Ltd., the Defendant did not have any intent or ability to supply 50 tons of non-ferrouss every month to the victim even if the Defendant received the deposit from the victim, with the intention to supply 40 to 50 tons each month and 80 tons of non-ferrouss each month to J Co., Ltd.
Nevertheless, the defendant deceivings the victim as above and received 30 million won as a security deposit from the victim's position.
2. Around October 28, 2014, the Defendant stated that “The Victim K, the representative director of J, Co., Ltd., Ltd., shall supply the victim K with the amount exceeding 80 tons per month” at the office of the Victim K Co., Ltd., Ltd., which changed to KRW 50 million.
However, as above, the defendant cannot purchase non-ferrouss and supply them to other companies.