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A defendant shall be punished by imprisonment for six months.
Of the facts charged, each of the types of frauds in [Attachment 1] through 5] among the crimes charged.
Reasons
Punishment of the crime
The Defendant is the representative director of the metal processing company H located in Asan City, and the Defendant is the victim’s light metal (hereinafter “horizontal metal”), the victim’s light metal company, the victim’s light metal company, and the victim’s ethyl (hereinafter “Hethyl”) are the companies that supply the Defendant with raw materials, such as aluminium powder and steel materials.
The Defendant established H around March 2015, and processed raw materials, such as Aluminum, from the victim companies, and sold them to the construction companies. However, from around December of the same year, since around the period of payment to the seller, the Defendant was in a situation where the Defendant was unable to receive the price for supply from the seller due to the Defendant’s care in management, defective products, and delayed payment to the seller, etc. However, despite the shortage of sales, the Defendant was unable to pay some of the price to the raw materials supplier at the time due to the aggravation of the company’s operation due to a fixed expense, such as personnel expenses, etc. despite the shortage of sales.
In addition, from February 2016, there was no intention or ability to pay the price normally even if the defendant received the price from the seller in return from the company under the pretext of half of the price, and appropriated the price for supply with priority in repayment of debts to the branch in return for the company.
Nevertheless, on February 1, 2016, the Defendant concealed such facts, and ordered an employee of the Victim’s ordinary metal at H office (H) to fill in alinium, and received supply of the amount equivalent to KRW 53,203,744 from the Victim’s ordinary metal at the market price.
In addition, from around that time to April 1, 2016, the Defendant acquired the total of 343,686,607 won from the victim company, such as [Attachment 6] Nos. 6 to 15 in the same manner at the same place.
Summary of Evidence
1. Each legal statement of witness I, J and K 1.