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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
The defendant is a person who operated D Co., Ltd. from the 2012 to 2017 to the 4th floor of the Dong government building B.
1. [Attachment 2018 Highest 2070]
A. Around May 2017, the Defendant sent a place of work to the representative F of E Co., Ltd. by facsimile at the office of the foregoing D Co., Ltd. to the effect that “The Defendant would pay the original amount by the end of the week of supplying the original amount.”
However, at the time of the operation, D is required to pay the fixed cost of KRW 25 million per month, but its net profit did not reach the net profit, and was liable to the Trade Insurance Corporation for KRW 135 million and the Credit Guarantee Fund for KRW 68 million. Since it is no longer possible to receive a loan under the name of the company, the amount of the money that the defendant personally borrowed from the company or the representative director lent to his/her family and deposited to the company with the payment was KRW 200 million. Since the original amount was in a situation to prevent the return of the original amount, there was no intention or ability to pay the payment on the payment date as agreed even if the victim was provided with the original amount.
Nevertheless, the Defendant received from the victim the original amount equivalent to KRW 39,131,140 at the market price from May 30, 2017 to July 4, 2017, and received from the victim the supply of the original amount equivalent to KRW 39,131,140 at that time, and received from the victims the supply of KRW 793,358,916 in total eight times from the victims, as shown in attached Table 1.
Accordingly, the defendant was delivered property by deceiving the victims.
B. Around October 18, 2017, the Defendant concluded that “Around October 18, 2017, the Defendant would have paid 10-15% interest per month to the victim G from the D office described in the foregoing paragraph (1) to the effect that “The amount to be reduced to the original processing company is insufficient. At present, 1.3 million won per month is short of the amount to be reduced to the original processing company, and the monthly interest shall be paid at 10-15% per month and repaid after the month.”
However, the facts are as follows: D at the time of operation.