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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who runs a construction business E in Yeongdeungpo-gu Seoul Metropolitan Government D from February 2007 to September 2014.
1. On June 9, 2014, the Defendant stated that “F, at the office of the Dispute Resolution Co., Ltd., a victim, was awarded a subcontract for the steel frame construction portion from construction to the new construction works of the Songpa-gu Seoul East-dong Seoul East Seoul Eastern District Court, Songpa-gu Seoul District Court. Within one week, the Defendant set up a collateral security right with a maximum debt amount of KRW 200 million with respect to G land and buildings owned by the Dispute Resolution Co., Ltd., and the price shall be settled by the end of the following month from the supply of goods.”
However, on April 9, 2014, G land and buildings owned by the Dispute Resolution Co., Ltd. are provisionally seized to the claim amount of about KRW 100 million in the name of the creditor creditor's savings bank, and around May 30, 2014, a provisional attachment of approximately KRW 22 million is made in the name of the creditor's savings bank. A decision to commence compulsory sale was made on June 3, 2014, and there was no real value of the said real estate as the collateral value. The Defendant failed to pay four-party premiums from around January 2014, and the employees failed to pay the wages from the employee from February 2, 2014. The amount of value-added tax was not equivalent to KRW 120 million in value-added tax in the quarter of 2014.
In addition, the Bank of Korea shall pay the price for the goods unpaid from January 2014 to July 2014, 2014 to approximately KRW 2.3 billion, and even if the other promissory notes and the liabilities to financial institutions have reached about KRW 5.3 billion, there was no intention or ability to pay the price even if the goods have been supplied by the victim.
Nevertheless, the Defendant, as such, by deceiving the victim, was supplied by the victim with 70 million Korean Won around June 24, 2014.
2. On July 24, 2014, the Defendant: (a) around July 24, 2014, to the Steel Wholesale Co., Ltd., a victim, in the E-office.