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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On September 2012, the Defendant, at the office of (ju) E, operated by the victim D in Daejeon-gu, Daejeon-gu (Seoul-gu) on September 2012, 201, imported one container volume of KRW 60 million from KRW 90 million to KRW 90 million if only the balance remains due to the situation in which the Defendant prepared for the Chinese business operator.
A false statement was made to the effect that if profits are accumulated three times, the principal amount of KRW 100 million shall be immediately returned and 1/3 of the profits shall be divided.
However, on September 10, 2012, the Defendant entered into an import agency contract (a simple name) stating that “A (suspect) shall perform all import procedures up to import clearance at his/her own expense under his/her own responsibility with respect to the imported customs clearance, and may receive an amount equivalent to KRW 150,000,000,000 for the remainder of the deposit for the performance of the contract, which was paid to F immediately after the import of Korea, and may receive an amount equivalent to KRW 150,000,000,000,000 from the remainder of the deposit for the performance of the contract,” and thus, in order to receive one set, at least KRW 150,00,000,000 is required.
However, at around July 11, 2012, the Defendant entered into an import agency agreement with H, the representative of G, and entered into an agreement with H (H) to import freezings in the name of H and pay the relevant expenses, such as customs clearance, as the process of customs clearance is completed for the abortions. According to the agreement, the Defendant imported freezings in H (State) but did not provide for an amount equivalent to KRW 24 million for customs duties and customs clearance costs. As such, the Defendant was urged by G to pay customs clearance costs and goods.
In addition, even if the Defendant pays customs clearance costs and takes over the freezing goods, the sales proceeds are difficult to pay F the above 150 million won of the imported goods to G in the circumstances where it should first be paid to G, and thus, it is normal to receive the investment from the injured party.