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A defendant shall be punished by imprisonment for not less than one year and six months.
An application for remedy by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
The criminal facts were partly revised according to the facts acknowledged within the extent that it does not actually disadvantage the defendant's right of defense.
On September 2013, the Defendant assumed office as the representative director of G Co., Ltd. producing automobile parts in Busan Gangseo-gu, Busan around September 2013.
From the time when the defendant was appointed as the representative director of G Co., Ltd., the above company had a debt of up to eight billion won. On August 2014, the above company requested a payment order of about KRW 300 million from the Mali Metal Co., Ltd., which supplied materials to the defendant, and refused to supply the materials, and refused to supply the materials on the grounds of non-payment of the materials, and then it was introduced to the victim Co., Ltd. and traded with the victim from November 2014.
On January 2015, the Defendant, at the office of the said G Co., Ltd., said G Co., Ltd., said G Co., Ltd., the Defendant concluded that “The payment will be made at the end of the following month on the face of the week by supplying species ALD 12 to the employees of the victim Co.
However, as seen above, the Defendant was unable to pay the price to a transaction entity, such as oil and cream, which supplied the materials. On November 201, 2014, the Plaintiff was subject to seizure of G Co., Ltd.’s real estate from the tax office because it was unable to pay wages to workers from November 2014, and the Plaintiff was unable to pay the interest on the loans of the Bank. As such, even if the Defendant was supplied with Aluminum, there was no intent and ability to pay the said price.
The Defendant, as above, was informed of the victim’s deception from January 14, 2015 to February 11, 2015, and was issued by the victim’s company with an amount equivalent to KRW 272,064,870 in total eight times from January 14, 2015 to February 1, 2015.
"2016 Gohap 30" Defendant is Gangseo-gu Busan around September 2013.