beta
Text
[Defendant A] The defendant shall be punished by imprisonment for one year.
[Defendant J] Imprisonment with prison labor for six months
except that this judgment.
Reasons
Punishment of the crime
Defendant A, from 2004 to 2004, established and operated a fireworks delivery service company L, and changed the name of the legal entity from 2009 to B, thereby running a fireworks delivery and landscaping business.
1. On March 21, 2009, Defendant A stated that “If the Defendant sent the flowers to the P, Daegu event site and the Asan event site, the Defendant would receive money from the delivery site and pay the price at the latest by the end of the year.”
However, even though the defendant was engaged in landscaping business, he was not paid the price by the ordering office, and the financial condition of the company was omitted due to taxes, etc. incurred in the process of changing the name of the corporation, so the defendant was not capable of paying the price even if he was supplied with fireworks, etc. from the victim
Nevertheless, the Defendant received 16,752,200 won in total from around 15 times to March 22, 2010, including the following: (a) the victim made a false statement to the victim and received 400 boxes, etc. equivalent to KRW 252,00 in the market price on the same day from the victim; and (b) the Defendant acquired the cryp, etc. in total from around 15 times to March 22, 2010.
2. On June 7, 2010, Defendant A stated that “The victim would pay the price to the victim from R operated by the victim in Overcheon-si, S up to the end of the year, at the latest, from the time of the supply of the flowers.”
However, since the financial status of the company is not good and the debt has been increased by borrowing money from the branch for the management of the company, there was no ability to pay the money even if it is supplied with fireworks, etc. from the victim.
Nevertheless, the Defendant made a false statement to the victim and received 1,800 boxes from the victim on the same day at the market price of KRW 450,000 on the same day.