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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
The defendant is a person who works as the head of the business division in corporation E operated by the defendant living together in Busan Northern-gu, and is engaged in the purchase, supply, etc. of livestock products.
On August 2012, the Defendant received livestock products individually from the Victim F Co., Ltd. F and the Victim G Co., Ltd., which are business partners of the said company, from the victim F, etc., and told them to use them for personal purposes.
1. Around August 23, 2012, the Defendant made a false statement to the victim F office located in Busan High-gu, Busan High-gu, that “A company will pay the price in advance to the company F office, who is the operator of the company, in personal transaction with the company in the foregoing separate transaction, after paying the price for the imported livestock products either a week or a day after the supply of the imported livestock products.”
However, the Defendant, at the time, was liable to pay the individual amount of KRW 25,000,000 to the victim, and the Defendant, who received the livestock products from the victim, thought that they were commercialized by means of selling them at a price lower than the supplied unit price, and used them as personal debt, entertainment expenses, etc., so there was no intention or ability to pay the amount normally to the victim.
After deceiving the victim and being supplied with imported livestock products equivalent to KRW 228,322,316 from August 23, 2012 to January 22, 2013, the Defendant acquired property profits equivalent to the same amount as the Defendant did not pay the remainder of KRW 81,818,00.
2. Around November 8, 2012, the Defendant made a false statement to the victim G office located in the Busan Seo-gu Busan High Court of Justice that “The Defendant would supply imported livestock products to K, who is an actual operator of the company, pay the price after a week or in lieu of a week from the Jeju High Court of Justice.”
However, the defendant imports from the victim for the same reason as paragraph (1).