A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

On May 24, 2015, the Defendant promised to sell the fibers owned by the victim B and the victim in Mongolia, and divide them into half of the profits.

On June 4, 2015, the Defendant, along with the victim, carried approximately 22 metric tons of KRW 22,280,00 at the market price of the victim’s ownership to the container, and entered the mongist Republic of Korea. As the victim left the Republic of Korea rapidly, the Defendant kept the said fiber yarn owned by the victim for the victim.

At that time, the Defendant embezzled the victim’s property by not paying the sales price to the victim, even though he sold the above fibers to the merchants of the steel framed, but not returning the said fibers to the victim.

On January 15, 2016, the Defendant made a false statement to the victim C’s office that “Around January 15, 2016, the Defendant entered into a contract to supply 1200,000 heads of industrial bed and used only one month to loan money necessary.”

However, as the Defendant did not have any other self-sufficiency at the time and was difficult to repay the money to the existing customer, the Defendant was thought to use the money as repayment of the existing debt or living expenses from the damaged party. Ultimately, the Defendant did not have any intent or ability to repay the money even if he borrowed money from the damaged party because it was not possible to generate any profit by performing the above contract.

Nevertheless, on January 22, 2016, the Defendant: (a) by deceiving the victim; (b) received transfer of KRW 6 million to the bank account (D) in the name of the Defendant from the victim; and (c) received a total of KRW 26,200,000 from that time to April 5, 2016, as shown in the list of crimes in attached Table 20,000,000 from that time.

In this respect, the defendant deceivings the victim to take property.