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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
1. The Defendant is a representative director of D Co., Ltd. (hereinafter referred to as “D”) and D is a corporation with the purpose of wholesale and retail business, etc. of Telecommunications Lease Products.
On September 2, 2015, the Defendant agreed to pay the price for goods by no later than the 25th of the following month when the Defendant entered into a contract for trading goods with the Victim Pream Industries Co., Ltd. (hereinafter referred to as “victim PP”) and received the supply of the ice leasing products, etc. from the victimized Company.
However, at the time of around August 2015, the Defendant had a duty to pay the goods amounting to KRW 270 million in total, including KRW 1.80 million to E company, KRW 1 billion to F company, KRW 190 million to G company, and KRW 2.7 billion to KRW 190 million to G company. During the period of 2014-2015, the Defendant continued to pay the goods due to the use of the corporate card, the payment of the external rent to employees, and the provisional payment to the representative director. The Defendant did not have any other business plan to increase operating profits other than the distribution of the listed lease products, which are generated by the enemy, and even if sales profits have accrued from the products received from the damaged company, there was no intention to return the previous sales profits, and there was no intention to pay the goods from the damaged company, even if the sales profits have been paid by the damaged company, and there was no ability to pay the goods from the company.
In addition, the Defendant, around December 2015, prepared a notice of the transfer of the claim and the transfer of the claim to the injured company (ju), as a guarantee for the payment of the goods, that is equivalent to KRW 400 million against the Hyundai Elevator Co., Ltd., D, and that transfers the claim equivalent to KRW 200,000,000, owned by Hyundai Industries Co., Ltd., and the Defendant had already made a notice of the transfer of the claim, but the Defendant had already made against the E Co., Ltd., the business partner around February 12, 2015, and around October 2015.