A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[2015 Highest 151]

1. From November 2010, the Defendant was engaged in the wholesale and retail business of home appliances by leasing D2 floors located in Nam-gu, Nam-gu, and the victim E was engaged in the wholesale business of home appliances with the trade name of F.

On December 2, 2012, the Defendant agreed to pay KRW 360,000 per 1 dTV and KRW 320,000 per 1 dTV when the Defendant sells goods, when entering into a consignment contract with the victim, which is the goods owned by the victim, at D Office.

Therefore, the Defendant was in the position of keeping 360,000 won per 1 LED TV, and 320,000 won per 1 LMTV, among the consignment sales proceeds, for the victim’s business.

Around that time, the Defendant received the payment from a person who was unable to know his name in a single set of time at the port, by selling a set of 1 LED TV and a set of 3,560,000 won in total on behalf of the victim.

Nevertheless, the Defendant embezzled it by voluntarily consuming it by paying the outstanding amount from other clients of the Defendant.

2. Fraud;

A. On August 2013, 2013, the Defendant stated that “The Victim E engaged in the wholesale and retail business of H and household appliances, which operate G,” and that “The Defendant would pay the price to the Victim E if he/she would supply E-con.”

However, in fact, the Defendant merely borrowed the name of G business entity from H and did not have engaged in the business with H. Since the amount that was not paid to another business entity at the time was equivalent to KRW 20,000,000, there was no intention or ability to pay the price even if the Defendant was supplied with the goods from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received 20 air conditioners equivalent to KRW 8,800,000,000 from the victim around August 22, 2013.

B. On September 20, 2012, the Defendant committed a crime against the victim I at the victim I Co., Ltd., Ltd., which is located in the South-gu J at Port on September 20.