A defendant shall be punished by imprisonment for one year.

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.

Punishment of the crime

D is the representative director of corporation E (hereinafter “instant company”) that is a corporation established for the purpose of restaurant business, accommodation business, etc. on November 26, 2014, and the Defendant is the adviser of the instant company.

D In the course of operating the instant company, the Defendant, from around December 1, 2014, constructed a restaurant to provide meals to the humans of the G Construction Corporation located in Ulsan-gun F, Ulsan-gun, and entered into a contract for the supply of food materials (hereinafter “instant food supply contract”) with the victim I Co., Ltd. and the Defendant (hereinafter “instant food supply contract”) in the course of construction of the restaurant (a total estimated cost of KRW 900,000,000) around January 2015, when the Corporation was running approximately KRW 40,00,000, and there is no clear way to additionally use funds held by the Corporation and prepare additional construction cost of KRW 50,00,000,000.

D and the Defendant, through the resolution of shareholders, received a deposit (in preparation for delay in the supply of food materials, a deposit in the nature to secure the damages incurred by the supply of food materials from another company) from the damaged person through the instant food supply contract, and discussed it as construction expenses. The Defendant entered into the instant food supply contract at the first floor office of the instant company around January 27, 2015, and the Defendant would be able to operate the restaurant after completing the instant food supply contract at around March 2015.

If a contract is made with a security deposit, it will cause the food materials to be supplied exclusively to the restaurant, and the security deposit will be kept for the security in preparation for the defect of food materials and the delay in delivery.

“A false statement was made to the effect that it was “.”

However, in fact, D and Defendant 1 did not have a clear way to prepare the construction cost for the restaurant construction as above, so that it was not possible to operate the restaurant from March 2015, and the money that the injured party pays as security deposit from the beginning is promptly appropriated for the insufficient construction cost.