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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On February 23, 2015, the Defendant: (a) was the representative director of Sungnam-si, Sungnam-si, Sungnam-si, D Co., Ltd. (hereinafter “D”); (b) around February 23, 2015, the Defendant supplied the victim E Co., Ltd. (hereinafter “victim E”) with e-mail equivalent to KRW 73,480,000 from the victim’s company at the site of the construction site of Hosan-si and the F apartment New Construction; and (c) entered into a contract with the content that approves the payment on the last day of the following month.
However, the Defendant, at the time of the aggravation of the company’s financial condition, has reached a total of 600,000,000 won due to the aggravation of the company’s capital condition, and the Defendant, upon receiving the construction cost from the Company G (hereinafter “G”), had to pay from the price of the goods in another construction site by the so-called “debrising” method. In fact, around May 2015, the Defendant paid KRW 50,000,000 from G as the price of the goods and wages in another construction site where the price of the goods received from G was sealed, and there was no intention or ability to pay the normal price even if the materials were supplied from the victim E at the time of the closure of the business around June of the same year.
The Defendant received from the victim E the supply of materials equivalent to KRW 73,480,000 from February 26, 2015 to February 27, 2015.
Accordingly, the defendant was given property by deceiving the victim E.
2. The defendant of "2016 Highest 4355" is a former representative director of D;
On April 28, 2015, the Defendant received materials from the victim H Co., Ltd. (hereinafter “victim H”) and entered into a contract with the victim Co., Ltd. for the supply of the materials from the victim Co., Ltd. at the new construction site of Gangnam I, and entered into the agreement with the victim Co., Ltd. on the last day of the following month.
However, the Defendant, at the time of the aggravation of the company’s financial situation, committed financial rights and corporate bonds worth KRW 600,000,000, and if he receives construction payment from G, he is so-called “commencing.”