A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the representative of E who is a gold-type production company, and the victim F is a company that supplies parts necessary for the production of gold-type.

Around November 2013, the Defendant: (a) at the E office located in Bupyeong-gu, Seocheon-gu, Seocheon-gu H, Seocheon-gu, stating that “The Defendant would make the shape of gold, and would make the price for the goods after three months.” (b) was supplied by the victim with the shape of gold from around that time.

Around October 2013, in the course of running the above E, the Defendant renounced the price of goods equivalent to 600 million won due to the fact that the Defendant had been supplied to a trader. Accordingly, the Defendant was unable to settle the operating expenses, personnel expenses, and the price of goods to the subcontractor. As of October 30, 2013, the Defendant paid the price of goods to another company for the shortage of operating expenses. As of June 30, 2014, the amount of KRW 80,000,000,000,000,000 won due to the Special D Special D Co., Ltd, as of June 30, 2014, there was no capacity to pay the unpaid amount of goods to the EP as of June 18, 2014, and there was no intention or ability to pay the outstanding amount of goods from the victim at the time of the bankruptcy petition.

Nevertheless, the Defendant, by deceiving the victim and being supplied with the shape of gold equivalent to KRW 8,250,00 from the victim around May 2014, the Defendant was supplied with the shape of gold equivalent to KRW 1,100,000, around June 2014; the shape of gold equivalent to KRW 9,031,000, around July 2014; the shape of gold equivalent to KRW 8,404,00,000, around August 2014; and the shape of gold equivalent to KRW 990,000,000, by being supplied, around September 2014.