A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[2018 Highest 3165] The defendant is the representative of the Indian Fisheries Chain Company B.

1. On May 1, 2017, the Defendant made a false statement to the victim E, who operates a “D” furniture factory in the Yellow-si, Pacific Ware, stating that “The Defendant would pay the price not later than June 15, 2017 until the end of 2017 when he/she produced a household and completed the delivery of goods to F stores.”

However, the debt amount of B Co., Ltd. operated by the Defendant was equivalent to 200 million won, the delinquent tax amount was equivalent to 700 million won, and the credit rating was 90 million won, and even if the victim supplies the above goods, there was no intention or ability

Ultimately, around June 20, 2017, the Defendant: (a) by deceiving the victim as above; and (b) received from the victim the “F store located in Suwon-si G” around June 20, 2017, goods, such as the “F store” located in Suwon-si, Suwon-si.

2. On June 2017, the Defendant made a false statement to the victim that “When he/she manufactures a household and completes the delivery of goods to H stores and I stores, he/she would pay the price by September 2017.”

However, the debt amount of B corporation operated by the defendant was equivalent to KRW 200 million, the delinquent tax amount was equivalent to KRW 700 million, and even if the victim supplied the above goods at Grade 9, there was no intention or ability to pay to the victim upon receiving the price of supply.

Ultimately, around July 4, 2017, the Defendant: (a) by deceiving the victim as above; and (b) around July 4, 2017, the Defendant received from the victim goods, such as studio, pole, etc. in the “I” store located in the Guro-gu Seoul Metropolitan GovernmentJ; and (c) at H “H” store located in the above place, goods such as 9.35 million won at the market price.

3. The Defendant, at around August 2017, produced and supplied by phone call to the victim.