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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
From October 20, 1995 to March 4, 2014, the Defendant is a person who has been engaged in agricultural product processing and distribution business while operating a stock company in Echeon-si Co., Ltd.
1. Around the end of March 2008, the fraud Defendant caused D to the above C Office’s employees G of the victim F, an E operator, “If agricultural products are continuously supplied, the amount of the existing outstanding amounts and the amount of new goods supplied will be paid normally.”
However, in fact, around April 2006, H Co., Ltd., a major supplier, sold to I Group, reduced sales volume, and borrowed approximately KRW 6550 million from financial institutions due to factory expansion and investment in facilities, etc. around 2007, it was difficult for H Co., Ltd. to pay off the debt amounting to approximately KRW 8.9 billion due to financial crisis. In order to maintain sales, it was difficult for H Co., Ltd. to pay off the debt amounting to KRW 8.9 billion. Since it was difficult to perform the obligation to pay to the customer, it was examined the business rehabilitation application from early 2008. Since H Co., Ltd., a major supplier, had to transfer to K Co., Ltd., a separate company operated by the Defendant, and thus, there was no intention or ability to pay the sales amount properly, as well as the existing debt amount equivalent to approximately KRW 450 million, even if it continued to be supplied by E.
Nevertheless, the Defendant: (a) by deceiving the victim as above, received agricultural products equivalent to KRW 117,560,662 from the victim around April 30, 2008; (b) around that time, from November 13, 2008, the Defendant received agricultural products equivalent to KRW 443,843,57, as shown in attached Table 1 from around that time to November 13, 2008, and acquired pecuniary benefits equivalent to that amount.
2. From October 20 to October 20, 1995, the Defendant was in general in charge of all the duties of directors of the victim C Co., Ltd. as a director of the victim Co., Ltd., while working for the Defendant.