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A defendant shall be punished by imprisonment for not less than nine months.
However, the enforcement of the above sentence shall be suspended for a period of one year and six months from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
1. On November 5, 2015, the Defendant ought to supply food materials to the victims of the Victim D (V, 45 years of age) in the E office in Ulsan-gu, U.S. (hereinafter “SK”)’s operation, through (i) a company registered as a partner company of the SK Shipping (hereinafter “SK”) to supply the materials to the victims.
In order to supply food materials to S.S., if the corporation takes over only the cost of establishing the F, which is established by the corporation, and supplies food materials to S.S., it will be directly supplied to SK Shipping.
“A false representation was made.”
However, in fact, the above SK is engaged in a small-scale supply transaction with the water supply company, which is a food supply company of SK Shipping, which is not a cooperation company of SK Shipping, and the above SS was registered as a cooperation company of other SK affiliate, but its transaction was suspended for more than one year, and even if it was paid for the incorporation cost, there was no intention or ability to transfer the above F.
The Defendant received KRW 2 million from the damaged party to the Agricultural Cooperative Account (G) in the name of the Defendant, as the cost of acquiring the corporation on the same day.
2. On November 29, 2015, the Defendant was broken down in the Do-do (hereinafter referred to as the “SK”) with a phone call from the said victim.
It is soon to pay back immediately when sending the money needed to pay the money.
“A false representation was made.”
However, the defendant did not have any intention or ability to pay the money even if he borrowed the vehicle repair cost from the above victim.
The Defendant received KRW 2 million from the above victim to the above Agricultural Cooperative Account under the name of the Defendant for the same day as the loan money.
3. On December 2, 2015, the Defendant at the above E office, “In order to supply food materials to the SK Shipping, it is necessary to establish a miscellaneous code for ship use and to establish a single material code.