A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

[2014 Highest 1870] C is the representative director of E (ju) who is the importer and selling company of LED electric exit and master goods clothing located underground in the Gangnam-gu Seoul Metropolitan Government DD Building, and the defendant is the actual operator of the above company.

From around 2011, the above company was unable to pay C benefits properly due to management difficulties. It was urgent that F, who is the person who is the defendant, was paying the amount of 200 to 30 million won each month, and the defendant was unable to pay the additional value tax of 28 billion won around March 2003, and C was also unable to pay local tax after 2009.

In fact, on March 2012, the Defendant and C did not have opened a letter of credit (LC) necessary for importing and selling scenic clothing or miscellaneous articles in Italian, and even if they did not secure the minimum amount of 500 million won necessary for the import of the above goods, they did not have the intent or ability to pay profits to the victim even if they received money from the victim G for the purpose of investment funds.

Nevertheless, in the above E office on March 6, 2012, the Defendant “Korea Company directly imports and sells Italian masters to the victim, and in principle, 30-50% profits remain.

I would like to pay the profits remaining after distribution to 50:50 of the profits of the Party except for the expenses from the sales on the face of the investment.

At present, other than the party, it is false that many people made an investment and secure approximately KRW 2 billion investment, and C prepared an investment contract with the victim at the seat, i.e., the victim, and received KRW 10 million from the Saemaul Treasury account in the name of the above company on the same day, and transferred KRW 30 million to the same account on the 12th of the same month.

Accordingly, the defendant, in collusion with C, received property by deceiving the victim.

[2015 Highest 5195] The Defendant is a de facto operator of Company E for the purpose of producing Internet shopping mall, distributing cosmetics, etc., and employees’ wages from around 2011.