A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[2017 Highest 3287] The defendant is the representative director of C in Kimpo-si B.

On May 14, 2015, the Defendant concluded a contract with the victim D, who was known to the company as a transactional relationship, with the victim D, stating that “The CIP 300 technical frame necessary for the manufacture of mixing is to be manufactured at KRW 65 million and to be supplied until September 30, 2015.”

However, in fact, the above company was delinquent in paying taxes of about KRW 400 million at the time and insurance premiums of its employees, and employees’ personnel expenses were not paid in time, and even if the company received money from the damaged party due to difficulties in managing the company, it did not have the ability to manufacture and deliver the machinery until the agreed date, and not only the funds received from the injured party were personal intent to use the machinery, such as funds for operation, house taxes, and school meal expenses for the company, regardless of machinery production.

Nevertheless, the Defendant deceiving the victim as such, and received 50,050,000 won, including the sum of KRW 32,50,000 on May 16, 2015, 32,50,000 on June 12, 2015, KRW 3,250,000 on part payment, and KRW 50,00 on July 27, 2015, as the intermediate payment, from the victim’s account, as the contract deposit.

[2018 Highest 750] Around July 5, 2016, the Defendant entered into a contract with F, an employee of the Victim E Co., Ltd. (hereinafter “victim”) and the victimized Co., Ltd. to produce one heat process awarded a successful bid by the Incheon Regional Public Procurement Service and supply it to the victimized Co.

The contract term is between July 5, 2016 and September 16, 2016; the contract amount is KRW 79,000,000; the damaged company shall pay 30% of the total price of supplied goods within three days after the order is made; 50% of the total price of supplied goods is paid within three days after the completion inspection of the damaged company at the base rate and recognize the criminal facts as stated in the contract (25 pages of the investigation record);

The remainder shall be paid within three days after installation and trial run, and the defendant shall be paid by August 31, 2016.