A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The Defendant is a person who runs a wholesale business of livestock products with the trade name “F” from September 1, 2012 to July 1, 2014.

On April 2014, the Defendant had caused about KRW 240,000,000 to KRW 240,000,000, and had been willing to flee with the sales price of the above livestock products supplied from customers and not paid a large amount of livestock products.

On April 25, 2014, the Defendant made a false statement to the effect that “The Defendant would pay the price after a week from the supply of money to H, who is the representative director of the Victim G Co., Ltd., by phoneing the said F office.”

However, the Defendant did not have any intent or ability to pay the price even if the Defendant was supplied with the livestock products from the victim, because the Defendant had been liable for excessive debts, and the Defendant was thought to flee after selling the livestock products received from the victim to other companies.

As such, from May 1, 2014 to June 9, 2014, the Defendant was supplied with livestock products, such as 423,376,100 won in total, from the victims, from the time when he/she was supplied with 70 boxes of money amounting to 8,632,446 won at the market price at the above F Office from May 1, 2014 to the victim’s June 19, 2014.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Each police statement concerning I, J, K, L, M, and N;

1. Statement of each customer, each transaction ledger, each written confirmation, each delivery certificate, and invoice;

1. Application of each investigation report (investigation into the supply of meat which a suspect has made an ordinary trading volume, investigation into the details of transactions of a suspect account, and application of Acts and subordinate statutes to the amount of injury);

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Suspension of execution;