Text
Defendant shall be punished by imprisonment for not less than three years and six months.
The defendant jointly and severally with E, shall be 400,000.
Reasons
Punishment of the crime
[criminal records] On May 26, 2016, the Defendant was sentenced to a suspended sentence of one year for fraud at the Seoul Northern District Court (hereinafter “Seoul Northern District Court”) and the said judgment became final and conclusive on December 31, 2016.
[Criminal facts] 2016 Highest 2566
1. The Defendant and the victim C are the head of the business division of F Co., Ltd., a main cell phone repair business entity, and E is the representative director of the above company.
When the defendant and E came to know of the fact that the victim C intends to operate the main cell phone repair business, the defendant and E conspireded to receive the cost as if they would supply the main cell phone repair machinery and parts to the victim normally.
Around February 10, 2014, the Defendant and E made a false statement to the effect that they would purchase and supply heavy cell phone repair machinery at high-priced high-priced and low-priced cell phone repair equipment and refined cell phone parts produced in Samsung Electronic Factory in China so that they can operate the heavy and high-priced cell phone repair business, while driving as if they had high profits in the above company's office located on the third floor of the building G of Dobong-gu Seoul Metropolitan Government, Seoul, and as if there were considerable profits in the above company, they would start the repair business of the mobile phone.
However, in fact, in order to use the amount received from the injured party as the defendants' debt repayment and the fund for the operation of the above company, only the victim tried to supply low-priced and high-priced mobile phone repair machinery and the inner part of the 's even corner', and there was no intention or ability to supply high-priced and high-priced mobile phone repair machinery and the refined mobile phone parts produced in the Samsung electronic plant in China.
The Defendant and E conspired in collusion with the victim, and deceiving the victim as above, and 17,5370,000 won as the purchase price for the used mobile phone repair machinery around March 10, 2014; 113,000,000 won as the price for the primary mobile phone parts around March 13, 2014; and 12,000,000 won as the price for the secondary mobile phone parts around March 25, 2014.