A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant is a person who actually operates the defendant corporation D, and E is a person who actually runs the victim corporation F.

The Defendant, at the victim F office located in Mapo-gu Seoul Mapo-gu Seoul on November 1, 2015, stated that “The Defendant would supply the consumer goods produced from LG life health, such as shampoo and shampoo, in advance of the price of goods, to E, within two weeks.”

However, the fact was that the supply of shampoo and shampoo was limited in LG life health, and it was difficult to supply them. The Defendant thought that the Defendant would use the goods for personal purposes, such as living expenses, immediately after receiving the payment from the victim company, so even if receiving the advance payment, there was no intention or ability to supply the goods, such as shampoo and shampoo, with the victim company.

Nevertheless, on November 10, 2015, the Defendant received KRW 40 million from the victim company to the account in the name of D Co., Ltd.

As a result, the defendant by deceiving E, received property from the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the prosecution against E;

1. The Defendant and his defense counsel denies the instant crime with the purport that the Defendant’s transfer of KRW 40 million from the victim’s company to the account in the name of D on November 10, 2015 to the account in the name of D on November 10, 2015 is a money received under the pretext of customs clearance expenses, etc. from the victim company in continuous transaction with the Defendant.

The criminal facts of this case are fully recognized according to the evidence duly adopted and examined by this court, including consistent statements of witnesses and photographs of text messages.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act concerning facts constituting an offense, Article 347(1) of the Criminal Act of the choice of punishment, the reason for sentencing of sentence of imprisonment [decision of sentence]: Six months of imprisonment (former imprisonment: 10 months).