A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The defendant is the representative director of the C Co., Ltd. located in Yeongdeungpo-gu, Suwon-si.

From July 1, 2012, the Defendant entered into a contract with the victim D Co., Ltd. to be supplied with “pet film” and supplied products equivalent to KRW 997,974,304 in total until July 5, 2013. However, on December 2012, the Defendant was liable for outstanding amount equivalent to KRW 614,230,40,00 after the last payment of the price for the goods was made, and around July 2015, the Defendant did not pay the price for the goods equivalent to KRW 464,827,740, except for offset against the victim company.

On July 5, 2013, the Defendant stated in the indictment that “In the case of the indictment, the Defendant would make payment immediately to the head of the E business division, who is the employee of the victim company, at the office of Suwon-si, Suwon-si, the Suwon-si, that “Any our company would receive the goods within 60 days after exporting the goods to another manufacturing office, and any continuous supply of the goods may be changed as a joint and several surety.” This part of the indictment states, “The Defendant would make payment immediately after receipt, as the time when our company would receive the goods from the manufacture of the non-stock company, within 60 days after the supply of the goods, and as the payment is delayed after the date when it receives the goods from the manufacture of the non-stock company, and as the inside and outside of Korea would continuously cause the continuous supply of the goods.”

However, this part is corrected and recognized ex officio in accordance with the facts admitted by the evidence.

The purpose of this paper is to make a joint and several guarantee agreement with the victim company and the defendant.

However, the Defendant had a debt amounting to approximately KRW 1.5 billion in financial institutions, and KRW 500 million in customers other than the victim company. From the end of 2011, the Defendant failed to pay monthly wages to employees from the end of the month, and the Defendant had a debt amounting to KRW 1.5 billion in order to operate the company. Also, the Defendant had a very poor financial situation, such as the Defendant and his family have a debt amounting to KRW 1.5 billion, and C Company is also a stock company.