1. The defendant shall be punished by imprisonment for one year;

2. The request for the remedy order of this case shall be dismissed.

Punishment of the crime

The defendant is a person who engages in the original distribution business.

피고인은 2015. 5. 말경 양주시 옥정동에서 같은 원단판매업에 종사하는 C의 소개로 만난 의류제조판매업자인 피해자 B에게 “내가 땡 원단(덤핑 원단)을 구입하여 인도네시아로 수출하는 일을 하는데, 마진이 상당히 높고 향후 전망이 좋다. 원단 구입대금을 빌려주면 은혜를 잊지 않고 흡족하게 보답할테니, 도와달라”면서 “원단 구입대금이 필요할 때마다 현금 또는 계좌이체로 빌려주면, 6개월마다 정산을 해서 시중 이율보다 높게 이자를 쳐서 갚겠다”고 말하였다.

However, even if the defendant borrowed money from the victim, he did not have the intent or ability to repay it.

On June 5, 2015, the Defendant: (a) by deceiving the victim as above; (b) received in cash the cost of purchase and transportation of KRW 14,510,000 from the victim in front of the warehouse of the E Group, in front of the two weeks, on June 5, 2015; and (c) thereafter, on March 9, 2016, by allowing the victim to receive money from the victim or to transfer it directly to the account of the customer account; and (d) obtained pecuniary benefits equivalent to the same amount by failing to borrow, settle, and repay 18,674,00 won in total over 30 times, as shown in attached Table 1 of the List of Crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of B and C;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement by the prosecution against C;

1. A protocol of partial police interrogation of the accused;

1. The police statement concerning B;

1. A certificate (a copy of August 1, 2016);

1. A copy of the letter of July 1, 2016;

1. A copy of the verification issued on September 30, 2016;

1. A copy of the certification issued on October 4, 2016;

1. A copy of the certification issued on October 5, 2016;

1. A copy of a statement of transfer of goods dated October 5, 2016;

1. Application of the Acts and subordinate statutes on loans to eight copies, three copies, and three copies of a statement of accounts submitted by the suspect;

1. Relevant Articles of the Act concerning the facts constituting the crime;