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A defendant shall be punished by imprisonment for not less than one year and six months.
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 185] The Defendant operated a fashion mony with the trade name “F” from October 1, 2009 to June 2, 2013 in Ansan-si E commercial buildings.
1. On February 20, 2013, the defrauded of the borrowed money demanded that “G, the representative director of the Victim D Co., Ltd., a liquor supplier, grant the exclusive supply of alcoholic beverages for three (3) years, grant the right to supply alcoholic beverages to H restaurant, and give the price for supply to H restaurant immediately after the delivery date,” and require that “300 million won should be lent to G, a liquor supplier, who is the representative director of the Victim D, a liquor supplier.”
However, on December 27, 2012, the defendant was found to have lost the name of the building in the lawsuit on the grounds of delinquency of monthly rent and deposit for the above commercial building, etc., and it was no longer possible to continue to operate the business, and the defendant was unable to pay KRW 200 million deposit for the commercial building that was already paid at the time, and the non-payment of KRW 150 million for the monthly rent, KRW 30 million for the management expenses, and KRW 700 million for the food materials was not made, and the local tax such as local tax was in arrears with KRW 180 million for the local tax, and the monthly wage of the employee was insufficient to pay KRW 30 million for the principal and interest of the bank. Accordingly, the situation where the beneficiary was unable to normally operate the business due to repayment of the principal and interest of the bank, and there was no intention or ability to pay the supplied alcoholic beverages normally, and there was no intention or ability to provide alcoholic beverages to supply it to H.
Nevertheless, the Defendant, while hiding these circumstances, by deceiving the victim as above, received money from the victim with a new bank account in the name of F, a sum of KRW 100 million on the same day, including KRW 150 million on the same day and KRW 250 million on the 28th day of the same month.
2. Prices of supply;