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Defendant shall be punished by imprisonment with labor for six months, and the execution shall be suspended for one year from the date the judgment becomes final and conclusive.
(b) the defendant;
Reasons
Punishment of the crime
On April 21, 2016, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at the Seoul Eastern District Court on April 29, 2016, and the judgment became final and conclusive on April 29, 2016 (the latter part of Article 37 of the Criminal Act).
A. On July 2014, the Defendant: (a) was a person who operated “F” as a manufacturer and sales business entity in Seongdong-gu Seoul, Seongdong-gu, Seoul; and (b) manufactured and supplied the original team with the Defendant through a Chinese subsidiary.
G Victim D, who is an operator, was unable to receive finished products because it was impossible to pay the original cost to the “H” company in China due to the lack of funds at present.
The president of N.N. has paid USD 7,157 ($8,100,00) to the said local company against the said local company by offsetting the price for the goods to be paid to the said company. By taking the finished product from the said company, he would receive and dispose of the goods, and pay USD 7,157 to the said company immediately following month.
“A false representation was made.”
However, the Defendant has a debt worth KRW 50 million to the Small and Medium Business Administration around May 2014, and the Defendant has a debt worth KRW 35 million for bank loans and vehicle leases, and the payment is not made even after having been supplied by many business partners, and there is no other debt, such as not being paid even after having been supplied with goods equivalent to KRW 75 million from I as an industrial operator from May through June 6, 2014, and even if having been supplied with finished products by a local company of China, the Defendant did not have an intent or ability to pay USD 75 million to the victim until August 2015.
Nevertheless, the defendant deceiving the victim as above and caused the victim to offset the amount of USD 7,157 to be paid by the local company of China by the amount equivalent to the defendant's local company's debt for the purchase of goods.