Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

On July 4, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for fraud, etc. and two years of suspension of execution on July 4, 2013, and the judgment became final and conclusive on the 12th of the same month. From January 201, the Defendant operated the “F clothing store” located in Yongsan-gu, Yongsan-gu.

[2014Kadan146] On August 4, 2012, the Defendant made a false statement to the victim G who had been working in the F’s clothes store, stating that “on the purchase of chip gold, he/she may immediately sell money if he/she purchased chip, and if he/she borrowed chip, he/she would pay interest on five parts per month and pay principal two months later.”

However, at the time, the Defendant borrowed money from the bond company, approximately KRW 200 million, and the amount of KRW 50 million not paid to the F head office is about KRW 50 million. The revenue of the above clothing store was used as employee's benefits, corporate bonds, repayment of interest, etc., and there was no other property. Since the Defendant thought that the money borrowed from the victim was used as employee's benefits, corporate bonds, repayment of interest, etc., the Defendant did not have any intent or ability to pay the money even if he borrowed money from the victim.

The Defendant received from the victim a total of KRW 30 million from the victim on the same day, KRW 20 million on the 16th day of the same month, and KRW 5 million on the 24th day of the same month, including KRW 5 million.

Accordingly, the defendant was given property by deceiving the victim.

[2014 Highest 486] The defendant is a person who operates the clothing sales store of "I" of "I" in Yongsan-gu, Yongsan-gu, Seoul Metropolitan City H, and the victim Indianf Co., Ltd. is a company that manufactures and sells clothing in 1000-12, Gangnam-gu, Seoul Metropolitan Government.

Around March 1, 2011, the defendant is a business that sells clothes produced by the victim after being supplied with them. The ownership of the goods supplied by the victim is transferred to the victim, and the ownership of the goods is transferred to the defendant when the defendant completely pays the sale price to the victim.