A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, from around May 2008, was operating a steel wholesale retail business from May 201 to May 201, 201, was a person who had been operating a steel wholesale retail business from the victim D to the victim D.

The defendant, while operating the above F, has been supplied with steel from the supplier, sold the steel and operated a business by paying steel price to the above supplier as the selling price.

On June 201, the Defendant, at the victim’s office located in Pyeongtaek-si G, called “B, if the Defendant supplied the steel plate to B, would pay the said price without molding it at the end of the following month,” and began to receive steel supply from the victim from the above date and time.

Around August 2011, the Defendant invested KRW 6,00,000 in futures, incurred a loss of KRW 380,000, and continued to increase the investment amount of futures upon the call. From April 2012, the Defendant suffered a loss of KRW 200,000 or more, and the circulation of settlement funds was not smooth.

The Defendant used part of the selling price received from the delivery company for the futures investment in the gift by using the fact that the Defendant did not immediately pay the price for supply to the delivery company for one month or two months during the above period, and when the loss was accumulated as above, the Defendant paid only a part of the selling price, and began to use the remaining selling price for the futures investment.

The Defendant, around May 2012, used most of the steel sales proceeds as above in futures investment, and the risk of a futures investment was high and a large amount of loss was incurred to the time, and thus, despite the fact that the delivery price was not properly paid to the supplier, the Defendant belonged to the victim as if he were supplied with steel from the victim and would normally pay the price to the supplier. The Defendant is equivalent to KRW 71,16,018 from the victim.