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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On December 30, 2010, the defendant was sentenced to the suspension of the execution of three years in Seoul High Court on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), which became final and conclusive on January 7, 2011.
The Defendant, as the actual operator of C Co., Ltd. established for the purpose of manufacturing and selling steel structures, was in the overall control of business teams. Around May 15, 2008, at the C Office located in Gwangju-si around May 15, 2008, false statement was made to G, who is the operator of the Victim E Co., Ltd. (F after the alteration), and “The payment of materials to C. The supply of materials is not known. The payment of materials is guaranteed to reduce the bill delivered from the customer. The price will be paid without the mold.”
However, at the time of fact, C created the Industrial Bank of Korea with respect to the site of a factory, the maximum debt amount of KRW 3.2 billion was set up against the Industrial Bank of Korea, and the factory machinery was also used for leasing or provided as a joint collateral under the Factory Mortgage Act, and there was little property value. On September 2008, the financial situation significantly aggravated due to the occurrence of a claim not able to repay, etc. on or around September 2008, while there was no particular property owned by the Defendant, while H and I did not exist any particular property owned by the Defendant. A bill issued under the name of H and I was not a bill issued by the Customer, but a bill issued under the name of the victim, which was not a bill issued by the Customer, and thus, there was no intent or ability
Ultimately, the Defendant, as above, by deceiving the victim as above, received materials worth KRW 119,719,100 in total of supply value in the above C around May 15, 2008 from the victim, and received materials worth KRW 481,848,870 in total over 13 times from that time until February 26, 2009, as shown in the separate sheet of crime by the same method.
(i) the evidence;