A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

In Seo-gu Incheon, the Defendant is a person who operates a “C control store” and “C control store” in Jung-gu Seoul Metropolitan Government, Seo-gu.

Around November 2014, the Defendant made a false statement that “The Defendant would open a new set of Category C store, and to pay in full the price of goods within the time limit for the delivery of the high machine” to the representative director F of the Victim E Co., Ltd.

However, on June 2014, the Defendant had no intention or ability to pay the price, even if the Defendant was supplied with the c control point, because the Defendant, while operating the “C control point,” was liable to pay approximately KRW 70 million for the outstanding amount to G and H Company G and H. As such, the Defendant had been thought that the price for selling the c control point was used as gambling funds, repayment of the existing debt, etc. as the transaction had been suspended with those companies.

The Defendant, as indicated in Table 1, from around December 2014 to May 2015, received from the victim a total of KRW 113,859,647 from the victim to the “C Bhdong store” as indicated in Table 1, and acquired the Defendant’s c69,775,730 in total from December 2014 to December 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and F;

1. Application of Acts and subordinate statutes to the Customer Director and the Shipment Director;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Among concurrent offenders, the sum of the reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act is equal to KRW 370 million, and the defendant has consumed the proceeds from selling the meat provided by the victims into gambling funds, etc.

However, the fact that the defendant recognized the crime and reflects the mistake, some damage has been restored, and the amount of damage not recovered until now is about KRW 150 million, and it is about KRW 150 million.