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Defendant
A shall be punished by imprisonment with prison labor for one year.
Defendant
B is not guilty.
Reasons
Punishment of the crime
Defendant
A is the representative of 'E' with a legal entity in Hong Congo, and Defendant B is the representative of 'F', and victim G is the representative of 'H' corporation.
Defendant
A around November 2014, through around 2014, through LA and JA companies (hereinafter referred to as “J companies”) in China, the importation and supply of North Korean mountain irons can be made.
On the other hand, while receiving 80,000 U.S. dollars from the purchase price and remitting the money to K company, which is a Chinese company having a transaction relationship with J company, the said I did not supply the iron to the above I, and it did not supply the iron so far.
Defendant
A around February 1, 2016, through B which arranged a contract for the return file with the victim for the sale of the return file to a non-resident, around China, around February 1, 2016, the victim sells the amount of 4,000 tons of the return file to the victim to H operated by the victim through the Chinese J Company.
2,00 tons are already secured and can be supplied at least 5,00 tons per month.
“Falsely speaking to the effect that it is “......”
However, the fact that the return to supply to the victim was not secured, and the J company that introduced the return scrap to the other company that imported the return scrap to the other company was unable to engage in trade with the above 80,000 won, and the above E was difficult to engage in normal trade under the circumstances of closure of business, and even if Defendant A received the payment from the damaged party with a large amount of financial obligation due to the lower grade, Defendant A was thought to be used for his personal purpose, such as repayment of his personal obligation, and did not have any intent or ability to perform a contract with the victim.
As above, the Defendant: (a) by deceiving the victim, received US$ 106,400 (28,339,680 won at the exchange rate: 128,39,680) from the victim to the corporate account of the Red bean Enterprise Bank in the same day as the down payment.
Summary of Evidence
1. The Defendants’ respective legal statements
1. Legal statement of witness G;
1. Statement made by the prosecutor with respect to L;
1. Judgment on Defendant A’s assertion of investigation report (KOTRA Telephone Investigation) 1.