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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
The defendant of "2018 Highest 2292" is the representative director of D, the purpose of which is the wholesale and retail business of clothing located in Songpa-gu Seoul Metropolitan Government B and C.
On September 30, 2016, the Defendant stated that “the Defendant would pay the price of clothes in cash within three months from the delivery of clothing” to the victim F, the representative director of E, a corporation for the purpose of the clothing manufacturing business.
However, the Defendant failed to pay the principal and interest of KRW 400 million and the fixed costs incurred each month, and borrowed money as security, from February 2, 2016, after receiving a loan for business operation from around February 2, 2016. Nevertheless, there was a financial shortage in which the Defendant failed to pay the money normally when it receives the payment from the victim, and there was no intention or ability to pay the money within the given period even if it receives the delivery of the money from the victim.
Accordingly, the Defendant, by deceiving the victim, was supplied with clothes equivalent to KRW 169,507,250 from September 30, 2016 to November 30, 2016, and did not repay KRW 154,50,50, thereby acquiring financial benefits equivalent to the same amount.
The defendant of "2018 Highest 2389" is the representative director of D for the purpose of wholesale and retail business of clothing in Songpa-gu Seoul Metropolitan Government B and C.
1. Around July 26, 2016, the Defendant committed a crime against the victim G stated that “the Defendant would pay the victim the price of clothes in cash within three months from the month when the clothing was supplied to the victim at the I office operated by the victim G in Gwangjin-gu Seoul Special Metropolitan City.”
However, in fact, the defendant obtained a loan of approximately KRW 400 million, which is the only property, as security, and prepared a business fund, but did not pay approximately KRW 80 million for fixed expenses incurred each month, such as office rents, personnel expenses, trademark fees, etc., and did not receive additional loans of KRW 200 million around February 2016.