On August 8, 2014, the Defendant was sentenced to one year of imprisonment for fraud at the Busan District Court, and the judgment became final and conclusive on August 19, 2014.

The Defendant is a person who works as the head of the business division in (State) D operated by the Defendant’s Dong C from around 2007 to January 2013, and was engaged in the purchase, supply, etc. of livestock products.

On August 2012, the Defendant: (a) received livestock products personally from the victim (the victim), who is the business partner of the said D, from the victim (hereinafter “victim”) (the victim), and cashed them; and (b) falsely stated that the victim’s office located in Busan Seo-gu, 814-1, which was located in the victim company located in Busan Seo-gu, 2012, the Defendant would pay the amount of said livestock products for personal purposes. On October 31, 2012, the Defendant: (c) stated that “The Defendant would pay the amount of said products to E, who is an employee of the said company, by himself/herself, while engaging in separate transactions; and (d) provided imported livestock products.

However, at the time, the Defendant had an individual liability equivalent to KRW 25 million, and the Defendant had no intention or ability to pay the amount normally to the victimized company on the ground that he/she had an intention to use the livestock products in personal debt repayment, entertainment expenses, etc. in a way more than the unit price supplied by the victimized company.

As above, the Defendant, by deceiving the above E from October 31, 2012 to December 27, 2012, was supplied with imported livestock products equivalent to the sum of KRW 71,418,504 owned by the victimized company from October 31, 2012 to December 27, 2012, paid only KRW 54,867,871 among them, and did not pay the remainder of KRW 16,50,633, and acquired economic benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Letter of payment;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The Criminal Act dealing with concurrent crimes;