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Defendant
A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a year.
Reasons
Punishment of the crime
"2016 Highest 303"
1. The Defendants’ joint crime committed with Defendant A and his/her cohabiting female (hereinafter “E”) had a duty to supply fishery products worth KRW 390 million around the end of 2012 to Defendant B, working in Jeju-do, with Defendant B, who had a duty to pay for the supply of fishery products in an amount equivalent to KRW 390 million. While being introduced through Defendant B on March 4, 2013 through Defendant B, the Defendants had a duty to pay for the supply of fishery products worth KRW 738 million among the supply of fishery products after having received KRW 52 million from Defendant B.
On December 2013, the Defendants filed a complaint against the crime of fraud with G around December 2013, and thereafter, the Defendants transferred their responsibility to E while proposing for personal information and location of E, and E was not subject to a disposition of non-prosecution on November 21, 2014 due to potential causes.
Nevertheless, Defendant A and E ordered Defendant B to continuously procure fishery products from each other in the middle of their debt relationship with Defendant B, and Defendant B, under the direction of Defendant A and E, did not make any effort to repay the existing damages, and also conspired to receive fishery products from each other and send them to Defendant A and E during the process of sending them, even if Defendant A et al. planned to procure and send fishery products according to their instructions, the sales proceeds will not be paid on the agreed date without any necessary measures, while they anticipated that the sales proceeds would not be paid on the agreed date.
Defendant A, according to the above public offering, instructed Defendant B to call with Defendant B at a store located in Seopo-si, Sinsan, Sinsan on January 16, 2015, and Defendant B would sell to Defendant B the victim I “h” on the same day at a store located in Seopo-si, Sinpo-si, Sinpo-si.
The phrase “a request for the preferential payment of the price within the draft” was made.
However, in fact, the Defendants and E did not pay the above sales price of fishery products, and they did not pay the damages.