Defendant

A Imprisonment with prison labor for five years and for eight months, respectively.

However, this judgment is delivered against Defendant B.

Punishment of the crime

[2013Gohap102] Defendant A is a person who has served as the president of G Co., Ltd. (hereinafter “G”) in the F in the period of harmony.

1. On June 2009, Defendant A made a false statement to the effect that “When deposit KRW 200 million is deposited for the transaction of by-products of pigs with the victim K Co., Ltd. (hereinafter “K”), at the coffee shop in J Buildings H and I adjacent to I, K would act as a new company and pay 600,000 won for the sales of by-products in G, and return the deposit upon termination of the contract.”

However, in fact, Defendant A entered into a contract with Defendant A, and supplied her head and internal organs exclusively, and received 3 billion won or more as security deposit for the transaction of by-products from 5 livestock enterprises, including N, etc., and the O received 400 million won deposit from her company and supplied her long-term oil with exclusive supply. Thus, even if she received deposit from the victim K, Defendant A did not have an intention or ability to return the deposit to her company due to the aggravation of financial circumstances, such as failure to return the deposit to other customers.

As above, Defendant A deceiving the above L, and received KRW 200 million from the victim K to the same P account under the name of the Defendant’s birth around June 23, 2009.

2. On October 2009, Defendant A made a false statement to the effect that “When an additional deposit of KRW 200 million is deposited, Defendant A shall pay KRW 700,000 as daily settlement amount in addition to the daily settlement payment for the first minute sales agency, and if the contract is terminated, he/she shall return the deposit.”

However, even if Defendant A received deposits from Victim K as above, Defendant A’s by-products, etc. are shares of Victim K.