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Defendant
A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.
However, as to Defendant B, this shall not apply.
Reasons
Punishment of the crime
Defendant
A is a person who is in a de facto marital relationship with a defendant A and has been in a de facto marital relationship with the defendant, and is the representative director of D for the above period. A is a person who is in a de facto marital relationship with the defendant, and is in a de facto marital relationship with the defendant.
D Since 2010, sales from December 28, 2010, the unpaid amount to transaction partners as of December 28, 2010 has been 1.2 billion won. On February 2011, 201, the cumulative business loss as of the Hanman caused a extreme aggravation of business performance, such as the cumulative business loss amounting to 1.1 billion won, and even if the steel products were supplied by transaction partners such as Co., Ltd., E, it was impossible to pay the amount normally.
Nevertheless, on March 3, 2011, when the Defendants were supplied with the goods to the business partners, including the Victim E, etc., after being in the financial condition of D and there was deception from the business partners to pay the goods normally, and the Defendants conspired to be supplied with steel products from the business partners. Defendant A, at the D office located in Seocho-gu Seoul F on March 3, 201, to the effect that “if the goods are supplied with steel products, they will pay the price normally.” Defendant B, as the representative director of D’s, signed a tax invoice to the effect that D is under normal transaction around March 4, 2011, and delivered the goods to the victim E by signing it as the representative director.
Accordingly, the Defendants, as seen above, by deceiving the representative director G of the victim E company, were supplied with steel products equivalent to KRW 108,789,527 at the market price on four occasions from March 31, 2011 to April 8, 2011 from the victim E company of G operation, and the Defendants would be deemed to normally pay steel products to five business partners, such as the victim E, etc., from March 4, 2011 to April 28, 2011.