beta
Text
A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[2014 Highest 1072] The Defendant was the representative of D Co., Ltd. for the purpose of manufacturing and selling fiberss, yarns, etc. and trade business.
The above company has been exported to Japan, the United States, etc. after receiving the original credit supply from the original credit processing company and commissioning the processing company to export the original credit processing company. Since the total amount of the unpaid debt to the trading company, including the original company and the clinical processing company, about KRW 2 billion, KRW 1.2 billion, and KRW 1.2 billion, there is no other asset owned by the financial institution as the total debt amount was about KRW 3.2 billion, it is not possible to operate the business by the method of paying the existing accumulated accounts due to the newly supplied originals after being processed as the originals, and the export price was insufficient to cover the accounts payable to the trading company, financial interest, operating expenses, etc., and thus there was no intention or ability to complete the payment on the date of the contract.
1. (Before February 13, 2013, the Defendant entered into a contract for short-term goods transaction with the intent to make payment after 50 to 60 days if the original supply was made by taking advantage of the relationship in which the victim G, a representative of the victim G, was made, at the (ju) E office in Busan Metropolitan City.
However, there was no intention or ability to pay the price in full even if the price is supplied with the credit.
Around January 8, 2013, the Defendant, by deceiving the victim as such, received from the victim an amount equivalent to KRW 23,455,440,00 from the victim, of ITY I/G volume 6,515.4km totaling of KRW 23,45,440, and also received from the victim.
1. From that time until July 8, 2013, the entries were supplied to KRW 1,189,431,830 in total on 55 occasions, and some of KRW 762,778,810 were settled, and the remaining KRW 426,653,020 was not paid, thereby acquiring property profits equivalent to that amount.
2. (States) Frauds with H.