A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[2016 Highest 274] On April 29, 2014, the Defendant sent at the office of “C” in the operation of the Defendant located in Seo-gu Busan, Seo-gu, Busan, to the victim D a considerable amount of money for returning to the freezing storage of fishery products located in Busan, and at any time, at any time when it is necessary to send the goods, to the victim D at the time when it is required to pay return to the Defendant in advance because the operating funds are insufficient.

Note .

“.....”

However, in fact, the Defendant did not keep ear in the freezing warehouse at the time, but did not have any intention or ability to supply ear when the victim needs to do so, and thus, it was not possible to procure ear by purchasing ear. Therefore, even if the Defendant received money from the injured party in advance under the name of advance payment, he did not have any intention or ability to supply ear when necessary.

Nevertheless, the defendant received 7,920,000 won from the damaged party to the Busan Bank account in the name of the defendant, and the same year from the injured party continuously.

5.9. He/she around 1,344,500 won in the account in the name of E company bank, and the same year.

7. 2,500,000 won at the Busan Bank account in the above defendant's name, and 900,000 won at the same account around the fifth day of the same month, and the same year.

8.5. Around January, 800, it received 6,930,000 won from the above E’s corporate bank account.

Accordingly, the Defendant, by deceiving the victim, received a total of KRW 19,594,500 over five occasions.

[2016 Highest 487]

1. On February 26, 2015, the Defendant called “C” office of a fishery products distributor operating by the Defendant (FF store 212 in Busan, Seo-gu) and called “H” employee of a fishery products distributor operating by the victim G, and supplied “(37,000,000, domestic freezing and freezing 20kg in Korea among the causes of 93,000, the market price of which is KRW 40,000, domestic freezing and freezing 10 kilograms in Korea, among the causes of 93,000.

The total price of goods is equivalent to KRW 24,965,00,000.

The advance payment of KRW 10 million will be supplied on a face-to-face basis.

“.....”

However, the defendant is the victim at the time.