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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who engages in food materials distribution business under the trade name of “C,” and D is a person who operated the “Fweing” in Dongdaemun-gu Seoul Metropolitan Government from around 1998 to June 2012.
On April 25, 2014, the Defendant filed a civil suit against G, D, and H (the price for goods) with the K, a joint business proprietor of the said trading company (2014da 14729). The Defendant received a complaint stating that “the Defendant jointly and severally pays to the Plaintiff 25,750,40 won and the amount calculated at the rate of 20% per annum from the day following the delivery of a copy of the complaint to the day of complete payment.” The Plaintiff (the Defendant) supplied the food materials to the FS Holdings located in Dongdaemun-gu Seoul, Seoul, a business place of the said Defendants, from July 2012 to May 2013, and did not receive KRW 25,750,400 among the goods from the Defendants,” and even if it did not receive money from the Defendants, it is merely the date of execution of the lawsuit against D’s actual operator of the trading company to GH, which is a joint business proprietor, the date of execution of the lawsuit.”
However, the Defendant was aware of the fact that D was not involved in the operation of the said crowdfunding from July 2012, and that D was fully repaid from D until April 30, 2014 with respect to the food materials supplied by D from July 2012 to June 2012, and that the Defendant was not liable to repay to D with respect to the food materials supplied by D from July 2012 to May 2013.
Nevertheless, on February 12, 2015, the Defendant, by deceiving the court and D as such, made a confession as to D from the above court on February 12, 2015, and “Defendant D and H, jointly and severally, jointly and severally, shall be the Plaintiff KRW 25,750,40, and Defendant H, from July 8, 2014, shall be the same as Defendant D and Defendant H, respectively.