A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the representative director of the Corporation I established for the purpose of selling electric wires and telecommunications cables at H in the Geum-gu Busan Metropolitan Government.

On May 22, 2017, the Defendant sent an invoice to K at the above company office to the representative director of JJ, Co., Ltd., Ltd., the Electric Cable Manufacturing chain, and then “on the face of supplying electric wires to our company, the Defendant would sell electric wires to the construction site and settle the price.

The term "highly false statements" were made.

However, due to cumulative business performance depression, the Defendant was thought to pay the outstanding amount due to the sales proceeds after receiving electric wires from the victim company and selling them at the construction site. The Defendant had no intent or ability to pay the amount even if he received electric wires from the victim company, on the ground that the total amount of KRW 1.34,300,000,000,000 and KRW 97,000,000,000,000,000,000,000,000,000 won, without any particular profit or property.

Defendant deceiving the victim company as seen above, and its equipment received electric wires equivalent to KRW 17,123,800 at the market price, such as TFR-CV 4C X 10S Q 1,000 on June 8, 2017, from the victim company, from which the Defendant was supplied with electric wires equivalent to KRW 17,123,800 at the market price from June 27, 2017, from that time to June 27, 2017, and acquired the electric wires equivalent to KRW 45,041,763 in total at the market price by the same method as indicated in the list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement made by a witness L;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of some of the police officers against the accused;

1. Statement by the police concerning L;

1. Complaint;

1. A criminal investigation report (a telephone call with company employees), and a criminal investigation report (a telephone call with the department of companies making transactions);

1. A statement of the current status of purchase and sale, the statement of transaction partner, the president of the Nonghyup Bank, etc. (third debtor's statement), the search of the payment order, the electronic tax invoice (2017), the documents submitted by the complainant (on-site name, shipment schedule), each written inquiry, each written estimate, and the Seoul Guarantee Insurance Co., Ltd.