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A defendant shall be punished by imprisonment for four years.
Reasons
Punishment of the crime
[criminal records] On January 23, 2014, the Defendant was sentenced to six months in prison branch court of the Chuncheon District Court for fraud, and the execution of the sentence was terminated on November 19 of the same year. On December 13, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Illegal Check Control Act at the Busan District Court on May 15, 2018 and the judgment became final and conclusive on May 15, 2018.
[Criminal facts] 2018 Gohap 114
1. On March 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the “O” office operated by the victim N in Busan, Nam-gu, Busan, and the fact was that there was no particular property or income as a bad credit holder, and the existing obligation was 300 million won, and there was no intention or ability to pay the amount even if the credit amount was supplied from the victim N, because the credit amount was limited to the trader.
Nevertheless, the defendant is the actual business owner of P Co., Ltd., a domestic distribution company, which is a large quantity of eggs supplied to several companies.
First of all, if the column is supplied on credit, the price will be settled at the same time in the last time.
“Along on March 26, 2015, it was supplied to the victim N with a disturbance equivalent to KRW 1,812,000 at the market price around March 26, 2015, as well as to the period from around that time to January 7, 2016, the sum of the market price of KRW 549,85,140 at a total of 200 times, as shown in attached Table 1.
Accordingly, the defendant was given property by deceiving the victim N.
2. On November 21, 2016, the fraud Defendant: (a) at the above O office around November 21, 2016; and (b) at the same time, the Defendant was indicted for violating the Illegal Check Control Act due to the failure to pay the check amount equivalent to KRW 234 million issued by the Defendant; and (c) even if the Defendant borrowed money from the above Victim N, it is urgently necessary to prevent the Defendant from paying the check even if he/she did not have any intent or ability to pay the check.
It shall be repaid within one week from the loan of money.
. Loaning money.