except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The Defendant operated D Co., Ltd. (hereinafter referred to as “D”) from around December 1981 to July 2015, 2015, and was supplied with plastic pesticide disease containers from around December 2004 to July 28, 2015 by the victim E (business name: F) while supplying plastic pesticide disease containers to Dong Pampling Co., Ltd. and Agrote (hereinafter referred to as “Dong Pampling, etc.”) affiliated companies of the same group.

On February 2, 2015, the Defendant, at the foregoing D office, made a false statement that “The Defendant would issue a promissory note with a maturity of four months after the month after the settlement of accounts at the end of each month after the delivery of containers for plastic pesticide disease to the victim.”

However, the Defendant, even at the latest from around 2007, prepared a false statement of financial position with both the Defendant’s provisional payments in order to conceal its assets even though the Defendant had already exceeded its liabilities, and prepared a false statement of financial position with the Defendant’s provisional payments as of December 31, 2014, up to KRW 1.833 billion in total, and KRW 2.130 million in total, and the outstanding amount from the same spawn farmers, etc., and further, there was no intention or ability to pay the outstanding amount even if the Defendant was supplied with the containers of plastic agricultural chemicals from the victim, such as the amount of KRW 263 million in total, or the amount of the outstanding amount from the spawn farmers, etc., to KRW 1.0 billion in total.

Therefore, the Defendant received plastic pesticide containers of KRW 408,270,270,054, including KRW 78,727,154, around February 2015, KRW 29,871,303 around March 2015, KRW 83,377,481, KRW 105,806,876 around May 2015, KRW 92,860,990 around June 2015, and KRW 17,627,050 around July 2015, and KRW 408,270,854, around March 2015.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the protocol concerning the examination of the accused by the prosecution (including the cross-examination);

1. Detailed statement of complaint, electronic tax invoice, transaction statement, and endorsement of electronic bills;

1. A written investigation report, etc.;