A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[2013Gohap758]

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is the operator of D Co., Ltd. (hereinafter “D”).

On August 2012, the Defendant, at the above D around August 2012, concluded that “I will issue a promissory note with the maturity of four months after the end of the following month and pay a promissory note within the deadline” to the representative F of the Victim E Co., Ltd.

However, at the time of fact, D had a decreased sales compared to D's around 201, and D's bank loans amounted to 3 billion won, and the amount equivalent to 20 million won interest per month was paid to D's loan interest. The fund required for the management of the company was in the situation of borrowing money from the land or receiving the loan from the land and raising the company's operating funds under the necessary condition of more than 200 million won per month, and the deficit was accumulated due to the failure to obtain new development costs, and therefore there was no ability to mobilize more funds. Therefore, even if D's goods were supplied by the victim company, it did not have the intent or ability to settle the payment.

The Defendant, as such, by deceiving F and by deceiving the victim company, obtained the supply of the content-based product equivalent to KRW 273,203,00 from the victim company around August 31, 2012, and acquired it by deception, and obtained the supply of the product in the amount of KRW 1,658,047,820 through seven times until February 12, 2013, as shown in the attached crime inundation (1).

[2013Gohap839]

2. On July 25, 2012, the fraud Defendant made a false statement to the victim G that “I would deliver washing papers to D and would pay the bills within the due date.”

However, at the time of fact, the defendant did not have an intention or ability to settle the price even though he was supplied with goods from the victim as in paragraph (1).

The defendant deceivings the victim as such, and thereby deceivings 1,735,800 won on the same day from the victim.