A defendant shall be punished by imprisonment for six months.

except that 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, who operated IMF, was operating F in Jung-gu, Busan as the representative of the wife D after the insolvency, was operating F in Busan as food additives import and sale business company. However, even though it was in a situation where it was difficult to pay the price of all actually supplied goods due to difficulties in operating status, the Defendant did not inform the victim G, a trading company, working in Busan as the Busan branch office, of the aggravated situation of the victim H, who was working in Busan branch office, in order to pay the existing debts, etc., but rather did not rather neglect to be supplied a more amount than the normal supply volume.

On October 2013, when the Defendant supplied food additives to the victim G at the above F Office around the end of the following month, he would make a settlement with a note at which the settlement date arrives four months after the payment is made.

However, from around 2011, the above F was reduced in sales, while at least KRW 5,00,000 per month due to the monthly salary of high-wages employees, etc., and the amount of debt increased due to the occurrence and management of the deficit above KRW 15,00,000,00 per month. This was due to the bank loan, and it has been prevented from returning its debt by way of paying a high-interest credit card cash service and paying cash service when receiving the price of the goods. Therefore, even if the goods are supplied by the victim and sold them, it did not have any intent or ability to pay the bill properly.

As above, the Defendant, by deceiving the victim, received food additives, etc. equivalent to KRW 54,38,075 from around October 2013 to around March 2014, as well as receiving food additives, etc. equivalent to KRW 54,338,075 from around that time.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Copies of the transaction ledger, copies of the receipts and disbursements, and the application of Acts and subordinate statutes;

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.