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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The defendant is the representative director of the Co., Ltd. which manufactures motor vehicle parts, machinery parts, ship parts, etc. in the Gyeongdong-gun B.
"2018 Highest 4085"
1. On September 30, 2017, the Defendant against the victim D calls the victim via E, who is an employee of the Co., Ltd. in the Dispute Resolution Co., Ltd. Co., Ltd., and said, “Once the machinery in the Dispute Resolution Co., Ltd. Co., Ltd., Ltd., which is in operation in the Dispute Resolution Co., Ltd., Ltd., is transported, the transport fee will be paid in cash.”
However, in fact, the LAC had no intention or ability to pay the transport fee immediately after the transport of the goods by the victim, as the payment that was not paid to the customer around September 2017 reaches approximately KRW 150 million, and the balance to the corporate account remains almost, and the employee's wages are not paid.
Although the Defendant had the victim transport the same day machinery, the Defendant did not pay KRW 1.5 million from around that time to October 10, 2017, and did not pay a total of KRW 5.2 million to the victim five times, such as the list of crimes in attached Form (1), and did not pay a total of KRW 5.2 million to the victim. The Defendant acquired economic benefits equivalent to the same amount.
2. On October 2017, the Defendant against the victim G stated, “If the Defendant sent the instant materials to the “J” to the victim through the staff members of the “I” office in the Seogu Daegu-gu Office for the management of the victim located in H, the Defendant would pay the processing cost up to January 31, 2018.”
However, as stated in Paragraph 1, the Defendant did not have any intent or ability to pay the processing cost up to January 31, 2018, even if the victim sent the racule to the J.
The Defendant did not pay 18,921,980 won for processing expenses, even though the Defendant had the victim engage in the stringing of the strings of the strings around November 3, 2017.