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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. Fraud;
A. On May 2014, the Defendant related to the sale price of heavy equipment, while working as an employee of the Hyundai Heavy Industries D’s agency located in Busan Central Industries C from around Busan, the Defendant sold 128,280,000 won at a construction site located in Ulsan-gun, Ulsan-gun, Ulsan-gun, and then sold 128,280,000 won at the market price to the victim F. The Defendant would give 73,00,000 won when returning heavy equipment.
The minimum sales amount of KRW 75 million on the company's policy is 75 million, and the remaining 2 million won is different from the loan from the company's account in lieu of the internal line. 60 million won is the company's account, and the remaining 13 million won is the company's account and the company deposits KRW 15 million after the domestic account with the loan from the company from the Aiju Capital, and the company deposits it into the company, the installments is paid in full within 5 months.
“.......”
However, the defendant had no particular property at the time, and there was a level of KRW 50 million for obligations such as bank bills, and there was a lack of monthly wage, so he thought that he/she would immediately make a loan from the victim due to his/her personal debt, living expenses, etc., and there was no intention or ability to make a full payment within five months.
The Defendant: (a) by deceiving the victim as above; (b) received transfer of KRW 13 million from the victim to the post office account under the name of the Defendant around January 27, 2015; and (c) received a total of KRW 30 million from around that time to March 13, 2015, as shown in attached Table 1.
B. On May 2015, the Defendant related to the refund of value-added tax ought to post a telephone to the victim G who purchased heavy equipment through the previous Defendant, and instead deliver the value-added tax refund amount to B, which should be paid to the modern Heavy Industries.
“.......”
However, the defendant thought that the defendant would receive money from the injured party due to the shortage of living expenses at the time, etc., and that he would immediately borrow money from the injured party.