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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[Criminal Power] On June 12, 2014, the Defendant was sentenced to a suspension of the execution of six months of imprisonment for fraud at the Seoul Southern District Court on June 12, 2014, and the said judgment became final and conclusive on June 12, 2014.
[2014 Highest 1557] The Defendant: (a) who operates the “B” corporation; and (b) upon receiving an order from ordinary traders to make a panel, paid the price for the goods to the “C” corporation upon completion of the panel production; and (c) around May 2013, the transaction with the “C” corporation was suspended in a way that the “C” delivers the panel to the Defendant’s trading company.
On August 8, 2013, the Defendant made a false statement to the victim “F” office operated by the victim E in Osan-si, Osan-si, that “The Defendant would supply the funds to the victim within 10 days, if he/she had the place of business of the domestic corporation C, and in advance.”
However, the fact was that the Defendant’s “B” corporation and a separate individual corporation were not the business offices of “C” corporation and “C” corporation, and around May 2013, transaction with “C” corporation was suspended due to an excessive credit debt. Around that time, the Defendant was liable for a debt exceeding 400 million won, and thus, the Defendant did not have the intent or ability to supply the ordered lebane lebspons, even if receiving the price for goods from the victim.
Nevertheless, on August 30, 2013, the Defendant, by deceiving the victim as such, received KRW 2,00,000 from the victim as the down payment (e.g., KRW 3,00,000,000 as stated in the written indictment) on or around August 30, 2013, KRW 2,50,000 as the intermediate payment on September 5, 2013, and KRW 8,071,647 as the remainder on September 13, 2013, and acquired KRW 12,571,647 as the intermediate payment.
[2014 Highest 1662] The Defendant is a person who operated the “B” corporation, and the Defendant pays 13 million won in advance to the victim G in the French land around September 12, 2013.