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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[Criminal Power] On August 9, 2013, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Incheon District Court on August 9, 2013, and the said judgment became final and conclusive on August 17, 2013.
【Criminal Facts】
The Defendant was operating a lighting fixture manufacturer from March 2006 to December 2006, with the trade name of 103 Dong 106, Bupyeong-gu, Sincheon-gu C Building 103 Dong 106, a “stock company D”.
1. On March 2006, the Defendant made a false statement with the intent that “The Defendant would pay the amount without a molding it on the last day of the following month, if he supplied a dam to F of the victim F in the said D office by advertising the phone to F of the Fund for the Adjustment of the Settlement of the Victims.”
However, at the time, the Defendant did not have an intention or ability to pay the price within a given period, even if the Defendant received the goods from the victim, because it was urgent to pay the cost of the company due to the fact that the Defendant’s credit card payment and the financial institution’s loan obligation did not reach KRW 250 million, as stock was stored from the beginning of the business operation of the company, and the company’s management was difficult due to continuous difficulties in business operations.
Nevertheless, the Defendant, as above, by deceiving the victim and being supplied with a rashion equivalent to KRW 42,340,000 from March 17, 2006 to September 5, 2006, and was supplied with parts equivalent to KRW 42,340,000 in total among the 19 times as shown in the annexed crime list (1).
2. Around June 2006, the Defendant against the victim G made a false statement to the victim G who operates H at the above D office, stating that “The Defendant would give the victim G with payment without any molding it on the end of the following month at the face of the week in which he/she supplied h’s clocket.”
However, at the time, the defendant's credit card payments and financial institution loans amount to approximately KRW 250,000,000,000, and stock is stored from the beginning of the business operation of the company, and it is difficult to continue the business operation of the company.