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Defendant
A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a period of eight months.
However, as to Defendant B, this shall not apply.
Reasons
Punishment of the crime
1. Defendant A
A. On September 2009, the Defendant, at the office of “F” Co., Ltd. (hereinafter “F”), a statutory administrator, stated that “The Defendant, who is an employee of the victim G Co., Ltd. (hereinafter “victim Co., Ltd.”), sent a telephone to H, who is an employee of the victim G Co., Ltd. (hereinafter “victim Co., Ltd.”) to pay the price in cash, and sent a freezing after freezing in cash, and freezing a freezing area.”
However, in fact, F was a corporation under corporate rehabilitation procedures. At the time of the delivery of the goods, F had the liabilities equivalent to 5.7 billion won and the unpaid tax amount of 240 million won, and therefore there was no intention or ability to pay the price for the goods in cash even if the goods are supplied by the victim company.
Nevertheless, the Defendant, by deceiving the victim company as above, obtained from the victim company a freezing of the amount of KRW 9,452,474 at the market price around October 5 of the same year and acquired it through deception.
B. On Oct. 1, 2009, the Defendant made a false statement to the above F Office (“F Office”) stating that “Although it is difficult for a gold company to do so, in addition to the payment of promissory notes with the price of supplied goods, the Japanese Guarantee Capital Co., Ltd. issued by the Guarantee Company was issued by the Guarantee Company.”
However, in fact, the payment guarantee letter issued by the Defendant to the victim company, which was delivered to the victim company, was paid only a fee equivalent to 3% of the guaranteed amount without any separate provision of security, and the Defendant provided a payment guarantee certificate in the name of the victim company, and the Defendant did not have an intent or ability to pay the price even if receiving the goods from the victim company, because there was a debt equivalent to 5.7 billion won as above, while the Defendant did not have operating income.
Nevertheless, the Defendant deceiving H as above and deceiving it from the victim company around October 15 of the same year, KRW 22,378,224.