A defendant shall be punished by imprisonment with prison labor 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, from March 2017 to Busan, was engaged in the manufacturing industry of cutting-out with the trade name “C” in Busan-gun, and was closed around November 2018, and the victim D is the representative of “F of the agricultural company” in Daejeon-gu, Daejeon-gu, and is engaged in the production, distribution, processing, and distribution of agricultural products.

Around May 2018, the Defendant made a false statement to the victim through G employees of F, “F,” stating, “The Defendant shall supply the foundation powder to pay the price to the victim on the 15th day of the following month based on the date of the purchase of molds.”

However, from around 2012, the Defendant had no property in the name of the Defendant as a bad credit holder. The Defendant had a single apartment house in the name of H, but had already been provided with the security loan amounting to KRW 88 million. The Defendant and H had a total debt amounting to KRW 0,000,000. Since around March 2017, the date of the opening of the business, the Defendant and H had received cash services from H, and had no intent to pay for operating and living expenses. Even if the Defendant sold the red powder supplied by the victim, he was thought to preferentially use the red powder in arrears, factory rent, and string expenses. Meanwhile, the Defendant was thought to have been provided with the funds by selling the red powder supplied by the victim at low prices, raising the short-term sales within a short time, and accordingly, the Defendant did not have an intent to pay the funds as agreed even if there was no intention or ability to pay the funds.

Nevertheless, the Defendant, on June 1, 2018, supplied by the victim with the KRW 3.5 million as of June 1, 2018, the sum of the market prices of KRW 28,000,000,000,000 as of June 7, 2018, each of which is equivalent to KRW 3.5 million at the market price of KRW 3.5 million.