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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[criminal record] The defendant was sentenced to imprisonment for four years and six months at the Busan High Court on January 19, 2017 with prison labor for the crime of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the judgment became final and conclusive on April 7, 2017.
[2017 Highest 1354] Around June 2015, the Defendant loaned money to a third party with a debt of about five billion won by means of lending money from the third party, and even if the Defendant entered into a cosmetics supply contract with the victims or borrowed money due to the circumstance of being investigated by the accusation from B, etc., the Defendant did not have any intent or ability to provide cosmetics normally to the victims or to repay the borrowed money.
1. On June 5, 2015, the Defendant concluded that “D office” in the Defendant’s operation of the Busan Shipping Daegu C, “The amount equivalent to KRW 2 billion from F would be supplied to the victim E by the 15th day of the same month, and KRW 200 million would be changed to the down payment.”
However, in fact, the defendant did not intend to supply cosmetics to the victim normally and received down payment, and was thought to use the cosmetics to repay other debts.
As such, the Defendant, by deceiving the victim, and receiving KRW 200 million from the victim’s bank account (H) under the name of the Defendant as down payment, through a total of KRW 15,360,00 on June 5, 2015, and KRW 22,80,000 on June 8, 2015, and KRW 161,840,000 on June 9, 2015.
2. Around June 30, 2015, the Defendant made a false statement to the victim E, stating, “as there are 300 types of 2,680 cosmetics in self-employed 2,00,000 as the price for goods, the Defendant would send the goods by no later than 12 p.m.
However, in fact, the defendant did not intend to supply cosmetics to the victim in a normal manner and did not receive money to repay other debts.
The defendant deceivings the victim as such, and is therefore on the same day from the victim.