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A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant of the "2013 Highest 2860" is a person who operates the "H" for the purpose of wholesale and retail of chemical drugs from 11-210 in Silri-si.
1. At the above H office around January 2012, the Defendant made a false statement to the effect that “The Defendant would settle the supply of goods at the end of each month and settle the price in full in the following month,” to the staff of the JJ operated by the victim I.
However, the Defendant, who had been under bad credit standing, continued to supply company funds for entertainment expenses and personal purposes. At the time, H had the Defendant accumulated the Defendant’s liabilities of approximately KRW 6-70 million due to the increase and decrease in the company funds, etc., and thus, was called “probing goods”, so there was no intention or ability to settle the price even if the goods are supplied by the victim.
As above, the Defendant, by deceiving the victim, was supplied four times from January 2012 to April 2012 with quality equivalent to KRW 17,705,160 in total, and did not pay the price of goods equivalent to KRW 5,462,720 among them, thereby deceiving the victim.
2. Around October 31, 2011, the Defendant made a false statement to the effect that “The Defendant would make payments from three months after the delivery of goods to L” to the victim L.
However, the Defendant, who had been in bad credit standing, continued to put the company funds into entertainment expenses and personal uses, and at the time H was under the situation where the Defendant’s liabilities worth approximately KRW 6-70 million accumulated due to the Defendant’s increase in the company funds and the enemy, etc., and thus, the Defendant did not have any intent or ability to settle the price even if he was supplied with the goods from the victim.
As above, the Defendant, by deceiving the victim as above, received from the victim the supply of 126,628,80 won in total on six occasions from October 31, 201 to May 31, 2012, and among them, 76,270,635 won.