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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The defendant is the representative director of C, the original export company, and the victim D is the operator of E, the original production company.
1. On June 23, 2015, the Defendant: (a) the victim, who had no transaction relation, wanting to ask the production of the original unit by walking the phone at a closed place; or (b) the victim, who had no transaction relation.
to pay the price if it is produced and sent by producing the original group.
The term "" refers to the following.
On August 15, 2015, the Defendant requested the victim to produce an ITY S/SPN source of 5,000 US$ 5,234.25 at the C office located in Seodaemun-gu Seoul Metropolitan Government five floors by facsimile.
In fact, however, the defendant has a debt equivalent to KRW 80 million at the time, and the defendant also has a debt equivalent to KRW 500 million to be paid to other original businesses.
Even if the defendant received the original amount from the injured party, he/she had the intention to pay the previous amount of the original amount, and the defendant did not have the intention or ability to pay the original amount in excess of his/her obligation.
The Defendant received KRW 18,781 and USD 1,038,300 and KRW 14,196,00, in total, from around the 26th day of the same month to September 22, 2015, as shown in the annexed crime list, as well as from around around around around the 12th day of the same month, the Defendant received USD 18,781 and KRW 1,038,300 from the damaged party.
Accordingly, the defendant was given property by deceiving the victim.
2. On August 18, 2015, the Defendant: (a) requested the victim to produce ITY S/SPN source at the above C office with a 3,000-meter amounting to USD 3,420 by facsimile; (b) requested the production of ITY S/SPN source at a 5,000-meter amounting to USD 6,800 on the same day; and (c) around September 10, 2015, requested the production of IYS/SPN source amounting to USD 1,300,000 at around September 15, 2015; and (d) production of ITS/SPN source amounting to USD 28,000 on September 15, 2015.