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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who actually operates B (in-house directors C; hereinafter referred to as “B”) established mainly for the manufacture, sale, etc. of food waste treatment equipment.
On November 12, 2013, the Defendant: (a) borrowed KRW 100 million from E running a Co., Ltd. (hereinafter “D”) on the ground that there is insufficient funds to manufacture and supply 1,00 food treatment equipment around November 12, 201; (b) concluded that 12% interest per annum shall be paid before January 25, 201, and the borrowed principal shall be repaid by January 25, 2014; and (c) received KRW 100 million from D on the pretext of the borrowed amount.
Since then, around December 31, 2013, the Defendant prepared a letter of agreement between B and D that “B shall receive KRW 100 million from D in cash, and B shall pay KRW 100 million to D on January 25, 2014,” and delivered it to E representative director of D.
In this regard, the defendant did not pay the above KRW 100 million until January 25, 2014, which is the date of the payment due date. The defendant continued to urge the defendant to pay the above KRW 100 million to pay the above KRW D around July 2, 2014, and the defendant seized the above KRW 6,180,000 in total appraised value of the computers, Nowon-gu, Sofet, sofet, sofet book and chair, and F food disposal equipment owned by Eul as the creditor around July 2, 2014. The defendant evaded compulsory execution on July 1, 200, the defendant seized the above KRW 15,00 in food waste disposal equipment owned by D, three kinds of patent rights (patent G, H, I), two kinds of design rights (registration, J, and K) to escape compulsory execution on the food disposal equipment owned by D, and the defendant was found to have been using the above M&D plant around December 14, 2014.
On December 24, 2014, the Defendant continuously established, around December 24, 2014, N Co., Ltd. (hereinafter “N”) that made the Defendant the representative director as the Defendant, and then, at the B office located in Young-gu, Suwon-gu, Suwon-si P around January 12, 2015.