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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[criminal record] On July 20, 199, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the Busan District Court. On April 4, 2014, the Defendant was notified of a summary order of KRW 3 million as a crime of fraud at the Busan District Court’s Dong Branch Branch, and on October 7, 2015, the Defendant was punished four times for fraud, such as being notified of a summary order of KRW 7 million as a fine at the Busan District Court’s Busan District Court.
[Criminal facts] "2017 Highest 5236"
1. On September 23, 2015, the Defendant committed the crime against the victim C made a false statement to the effect that “E” stores located in Kimhae-Myeon, Kim Jong-do, in which “The victim C is supplied with a so-called sect from the party, immediately would sell it to retail stores, and thereby, the Defendant supplied the party with a so-called sect to the Party within 15 days from the date of the so-called supply.”
However, in fact, the Defendant: (a) did not have to close the sofinite supplied by the above victims without issuing a tax invoice; (b) did not use most of the proceeds from sofinite sales at the retail store to pay to the above victims; and (c) was planned to use them as household operating expenses, employee monthly pay, personal living expenses, etc.; (d) there was no possibility that the above victims may settle the payment within a short period of 15 days from the date of delivery when dumping is handled as above; and (e) even with the knowledge of such circumstance, the Defendant was the above victims to receive the smooth supply of sofinite sales proceeds smoothly.
B. The Defendant has already paid the price on the face of delivery to the furniture in 2013.
In addition, since there were many cases where criminal punishment was imposed on household suppliers by deceiving the sum of KRW 30 million, and there was a lot of cases where the price was unpaid to households suppliers in a similar form, the above business method is maintained under the status of maintaining the same business method.