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

1. The Defendant, from July 2009 to December 4, 2012, operated C with the purpose of wholesale and retail business for the purpose of manufacturing clothes. On April 30, 201, the Defendant received KRW 50 million as the price for supply of clothing from the Ecoba Co., Ltd. at the office located in Seocheon-gu, Seocheon-gu, Seocheon-si, 601-5, and from the Ecoba to the price for supply of clothing.

When the defendant supplied the clothing to E in Ecoba, the representative F of the victim E printed the logo and supplied it to C. The defendant supplied the clothing in Eroba with ro-printed printing work, and the defendant supplied the clothing in Ero-ccoa to Eroba, and the defendant paid 8 million won for the part of the above clothing supplied to Eroba, which was paid to the defendant from Eroba, was the money to be delivered to the victim.

Nevertheless, the Defendant did not pay the above 8 million won to the victim, and at around that time, voluntarily consumed it as personnel expenses, etc. in the above C office and embezzled it.

2. Around August 2011, the fraud Defendant made a false call to the victim E employee G by phone to the above C office, and stated that “The Defendant would provide the money that was not paid on April 2011, if the printing of the clothes to be delivered to E-ro cro would be avoided.”

However, in fact, the Defendant had a debt equivalent to KRW 200 million at the time, and there was no particular property or claim, and the monthly rent of KRW 1,00,000 was not paid, and 15 employees were also in the state of unpaid wages. However, even if the Defendant received the clothing payment from Roco, it was insufficient to use it for the company’s employee’s pay, other transactional accounts, etc., so even if the Defendant was supplied with the paper printed from Roco, there was no intention or ability to pay the money at once to the victim.

As above, the Defendant, by deceiving the victim and being supplied with clothing equivalent to KRW 3,432,00 for printing costs on the 30th of the same month from the victim, has the economic interest equivalent to the same amount.