A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who operates Co., Ltd. B, which is engaged in steel wholesale and retail business, and Co., Ltd. C, which is engaged in steel cutting, processing, and manufacturing business, respectively.

The Defendant stated, around November 2017, that “The Defendant would deliver steel products to the victim and pay the price to the victim by phone at the above B office located in Gangseo-gu Busan, Gangseo-gu, Busan, and until January 2018.”

However, in fact, in around 2017, the above B had been properly operated in a situation where the sales revenue was reduced by 40 to 50% due to the decline in profitability and financial liquidity. The above B had been an amount equivalent to 11 billion won annual interest charges, which was equivalent to 500 billion won, and the unpaid obligation to other clients was 2.5 billion won. The above B guaranteed the Defendant’s debt amount equivalent to 700 million won, which is one company, and continued to be demanded by G, the creditor, to pay the above guaranteed liability, and had no intent or ability to pay the said amount normally even if the Defendant was supplied with the steel products from the victim.

As above, the Defendant, by deceiving the victim, was supplied by the victim with steel products worth KRW 104,578,320 (including surtax) around December 28, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Recording records;

1. Application of Acts and subordinate statutes to investigation report (H telephone communications);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act is not likely to be committed by deceiving the victim to be provided with steel products of approximately KRW 100 million, even though the defendant did not have the intent or ability to pay the price even if he was supplied with steel products from the victim.

Defendant has been punished for the same kind of crime.

The victim does not want the punishment of the defendant by agreement with the victim.