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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[Criminal Power] On July 9, 2018, the Defendant was sentenced to two years of suspension of the execution of imprisonment with labor for violating the Punishment of Tax Evaders Act at the Seoul Central District Court on July 17, 2018, and the judgment became final and conclusive on July 17, 2018.
[2019 Highest 1427] A logistics warehouse located in Jung-gu Incheon Metropolitan City B around April 2017, the Defendant embezzled by arbitrarily selling 150,00 among the Maak Factors, or offering 167,100 remaining 167,100 as security against the Defendant’s personal debt, etc. on November 2017, when he/she was requested to keep 317,100 Maak 317,100 (a total of 1,000 won per appraised value on the attachment report of corporeal movables) from the victim D.
[2019 Highest 2161] On September 29, 2017, the Defendant made a false statement to the effect that “I will continue to supply cosmetics, if I would pay for the remainder of the 15,000,000 won of the cosmetic price to be paid to I” to the victim, who received KRW 15,00,000 from the victim’s G and supplied cosmetics equivalent to KRW 30,000,00,000, while doing business with the 4th floor office of the F building in Jung-gu Incheon Metropolitan City.”
However, in fact, the Defendant did not yet pay the price of cosmetics to the purchasing agency, or even if he received the additional payment from the victim under the circumstance from the selling agency to the amount of 100 million won or more, he did not have the intent or ability to supply the cosmetics normally to the victim, since he did not have any intention or ability to supply the cosmetics to the victim.
Nevertheless, the Defendant, by deceiving the victim as above, acquired 25,941,900 won (excluding 40,941,900 won, or 15,000 won equivalent to the balance of the cosmetics already delivered, or 15,000,000 won) from the victim to the corporate bank account in H’s name designated by the Defendant on the same day as the additional payment for cosmetics.
[2019 Highest 3084] Defendant I.m.