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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2014 Highest 1173] The Defendant is a real operator of D Co., Ltd., a chain of heating production and sales.
1. On August 3, 2010, the Defendant stated that “The Defendant would make settlement with cash or a promissory note as a customer at the prime place of the delivery of the paper of installment clause to the Victim G, a stock company F operator, at the D office located in Gangseo-gu Seoul Metropolitan Government, Seoul, to the victim G.”
However, in fact, from around 2009 to around that time, the Defendant had no intention or ability to pay the price, even if he received the form of installment contract from the victim due to a default of 8 billion won or more from around that time, and it was not issued through a normal transaction but the number of units that he intended to pay as the price for supply. Therefore, even if the payment was presented, there was no possibility of normal settlement.
Nevertheless, on August 3, 2010 and September 8, 2010, the Defendant received from the victim the form of installment clause equivalent to KRW 61,556,000 at a market price on a total of two occasions, and around October 8, 2010, the Defendant issued one sheet of the unit price per share (ma 0035960), a 34,600,000 per share (ma 0035960), and one sheet of the unit price per share (Ma 10635681) per share (ma 10681) for supply to the victim.
Accordingly, the Defendant, by deceiving the victim as above, received a paper of installment clause equivalent to KRW 61,56,000 from the victim and fraudulently acquired it.
2. On October 13, 2010, the Defendant urged the Victim K to pay the unpaid plastic pipe price of KRW 10,926,210 from the Victim K at the F Office of the Co., Ltd., Ltd., Ltd., located in Pakistan-si I, the Defendant stated that “The Defendant had a promissory note of KRW 29,50,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000
(b).