beta
Text
A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
The Defendant knew that the actual operator of Company B (hereinafter referred to as “B”) who sells goods through home shopping, etc., and D (hereinafter referred to as “C”) who operates a stock company C (hereinafter referred to as “C”) intended to raise funds for the production of carpets, and introduced D (hereinafter referred to as “victim”) the Victim E (hereinafter referred to as “victim”) to D.
Around March 2018, the Defendant stated to the effect that “F, a person in charge of D and the victimized Company, gave D a loan of KRW 500 million to D, would obtain a performance (payment) guaranty insurance policy from G Co., Ltd. by pretending that C and B entered into a contract for supply of goods with D, and if D fail to repay the loan, the Defendant would receive insurance money and pay it.”
Accordingly, in the case of the transfer of loans between the Defendant, D and the victimized Company, the Defendant agreed to deliver the loans to D immediately, and D was planning to pay the loans with the sales funds generated by producing and selling carpets using them as the carpet production funds.
However, in fact, the defendant, at the time, ordered the payment of unpaid transaction amount and the employee's salary to demand the payment of the debt amount of KRW 700 million, was transferred to B under the name of the performance (payment) guarantee insurance policy, and was planned to use the loan immediately to pay his/her debt, and did not intend to deliver it to D.
On April 2, 2018, the Defendant: (a) by deceiving the victimized Company; and (b) transferred KRW 132950,000,000 to BH bank account (I) on April 2, 2018; (c) KRW 50,000 following the date; and (d) received KRW 300,000,000,000,000,000,000,000,000
Summary of Evidence
1. The defendant's partial statement in court, D's legal statement, and witness F's partial statement in court;
1. Entry of each part of the prosecutor's office and police interrogation protocol of the accused in each protocol;
1. The statement of the police with D. D.