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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant is a person engaged in the manufacture and sale of women’s clothes under the trade name “D” in Sungnam-si.
1. Around May 31, 2012, the Defendant against the victim E, at the victim E’s house located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sung-gu, Seoul, borrowed only KRW 40 million due to the lack of personnel expenses to be paid to factory employees. The Defendant would have to pay the said interest along with the interest if he/she borrowed money. Around May 31, 2012, the Defendant stated to the effect that he/she can pay the said interest if he/she enters Samsung and enters Korea only if he/she enters Korea.
However, the Defendant’s “D”, which was operated by the Defendant, failed to pay the employee’s benefits due to the shortage of funds due to business difficulties, and the Defendant was unaware of the property of the Defendant, and did not have agreed to pay the amount between the Plaintiff and the victim. Therefore, even if the amount was received from the victim, there was no intention or ability to pay the amount to the victim, such as the agreement.
After all, the Defendant, as above, was delivered KRW 924,00 from the victim six times in total, including deceiving the victim and being delivered KRW 40,000 on the same day by the victim.
2. Fraud against victim G;
A. On November 21, 201, the Defendant borrowed money, at the victim G’s house located in Dongdaemun-gu Seoul, Dongdaemun-gu Seoul Metropolitan Government, to lend only KRW 20 million as labor cost to factory employees falls short of the amount to be paid. It ought to be repaid with interest if the Defendant borrowed money. At present, the Defendant is preparing for the supply to new global department stores, and the supply begins, a large amount of money may be punished. Furthermore, the Defendant stated to the effect that the Plaintiff may pay money if he enters Samsung and enters the Republic of Korea.
However, "D" operated by the defendant at the time of fact is paid according to the shortage of funds due to business difficulties.