Text
A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
The Defendant is a person who operates C(hereinafter referred to as “C”).
[2017 Gohap 58]
1. From around November 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim D, the Defendant entered into a contract for the supply of imported timber with the victim D, and continued the transaction of receiving the imported timber from the victim, the Defendant’s debt amounting to approximately KRW 4 billion, and the payment of the promissory note issued by the company or the payment of wages to its employees has not been properly conducted, and its management has been significantly deteriorated by borrowing money from the victims.
However, on April 1, 2016, the Defendant issued a promissory note for the settlement of the wood price at the office of the Defendant’s company located in E at the time of Sejong, the Defendant, even if he/she concealed the management status of C around April 1, 2016 and issued it, as if he/she had no intent or ability to normally settle the promissory note on the maturity date, he/she would be able to normally settle the wood price as in the existing circumstances, and deceiving the victim as if he/she had the intention or ability to do so, and from April 1, 2016 to April 30, 2016, he/she received from the victim the supply of a wooden amount of KRW 33
1. As indicated in the crime sight list, the person obtained timber equivalent to the total market value of KRW 520,102,784 from around the above day to September 30, 2016 and acquired it by defraudation.
2. Fraud;
A. On June 30, 2016, the Defendant committed a crime against Victim F with “A” in the above C Office: (a) around June 30, 2016, the Defendant would pay to G money within KRW 2-3,00,000 on the grounds that there is a bill with maturity and there is a lack of settlement amount; and (b) there is a shortage of settlement amount.
“Along with the foregoing circumstances, G transferred the victim F, a spouse, to the victim F.
However, the defendant was in a situation where the defendant bears personal liability exceeding KRW 100 million at the time, and the defendant was in operation.
C In addition, management status is not good.