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A defendant shall be punished by imprisonment for a term of one year and three months.
Reasons
Punishment of the crime
Defendant A is the C representative director of the Bank of Korea.
From March 201, the Defendant established the foregoing company, due to the shortage of funds, caused the company’s difficulties. After March 201, 2012, the Defendant was unable to provide employees with benefits. On or around June 2012, the company’s management became more difficult due to the sudden increase in sales due to the suspension of operations in the Home Shopping Broadcasting Company. On or around September 2012, the company’s debt was more than KRW 300,000,000 due to the decline in the company’s sales, and thus, it was impossible to operate the company due to the decrease in the company’s sales. Accordingly, there was no intent or ability to pay the funds even if the household was supplied by the following victims or the selective distribution service was provided.
Criminal facts
1. The Defendant, like the foregoing premise, made a false statement to the victim F who operates the said company at the D office located in Seocheon-si, Spocheon-si, stating that “The Defendant would pay the price by selling it in home shopping upon delivery of the household,” although he did not have the intent or ability to pay the price even after being supplied with the household from D.
On September 6, 2012, the Defendant received from F the supply of the households equivalent to KRW 2,956,00 at the market price, such as the nominal household of the goods called “G”, from F, and obtained the supply of the households equivalent to KRW 123,50,000 at a total of 15 times from that time to October 9, 2012, such as the list of crimes (1).
2. The Defendant stated that “Around September 2012, the VictimJ operating the said company at the H office located in Scheon-si I, stating that “The Defendant would pay the price by selling it from the home shopping on the face of the week to supply it,” although the Defendant did not have the intent or ability to pay the price even after being supplied with the household from H, as seen in the foregoing premise.”
The Defendant, as well as the Defendant, was supplied with beds equivalent to KRW 18,500,00 at the market price on September 18, 2012 by J.