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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 two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
The Defendant is a person who operates a restaurant with the trade name of “C” in Incheon Jung-gu.
On October 2017, the Defendant made a false statement to the inside director E of the victim corporation D Co., Ltd. that “on the 10th day of each month when the food materials are supplied” to the above restaurant.
However, at the time, the Defendant was unable to pay wages to the employees who worked in the above restaurant, and around that time, the Defendant was in consultation with the law firm F in order to proceed with the individual rehabilitation procedure under the judgment that it is difficult to pay the excessive amount of 140 million won because he/she bears a heavy debt, and thereafter he/she applied for the individual rehabilitation to the Incheon District Court on December 13, 2017, so there was no intention or ability to pay the normal amount even if he/she is supplied with food materials from the victimized company.
The Defendant, by deceiving the damaged company in such a way as above, was supplied with food materials equivalent to KRW 40,441,620 from November 1, 2017 to December 21 of the same year by the victimized company, and acquired them by deception.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement to E by the police;
1. Customer Director;
1. A list of transactions;
1. Tax invoice;
1. Application of Acts and subordinate statutes to data concerning applications for individual rehabilitation;
1. Article 347 (1) of the Criminal Act comprehensively including relevant provisions concerning the facts constituting an offense and the choice of punishment;
1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that there is no history of punishment exceeding the fine in the past, and there is against his mistake, and that the defendant has paid some of the money to the damaged company late after the crime of this case and has made efforts to recover from damage);
1. Article 62-2 (1) of the Criminal Act for community service;