A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[2015 Highest 607]

1. The Defendant was commissioned from March 7, 2015 to October, 10 of the same month to commission a consignment of the amount equivalent to 101,860km amounting to 101,860km owned by the victim C from the victim’s insular area. Around that time, the Defendant was in custody of the victim through D with the amount equivalent to 10,000,000 won. Around that time, the Defendant and Kimchi factory operated the Defendant and Kimchi factory.

E arbitrarily paid the same operating expenses.

Accordingly, the Defendant voluntarily consumed the amount of KRW 9 million for the non-sale proceeds owned by the victim and embezzled it.

[2016 Highest 71]

2. On July 2015, the Defendant would pay drillings to the victim F, who operates a wholesale business of agricultural products, within 15 days of delivery, at a place where it is difficult to know the place where the Defendant cannot know, and to the victim F, who operates a wholesale business of agricultural products.

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

However, the defendant was unable to pay wages to transport employees employed by the defendant at the time, and there was no intention or ability to comply with the above promise.

The Defendant received a distribution of the amount of KRW 23,975,00 at the market price from the damaged party from the 22th of the same month to the 28th of the same month.

Accordingly, the defendant was given property by deceiving the victim.

[2016 order 88]

3. On August 2015, the Defendant made a false statement to the victim I at H Kim G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G, 2015 that “The Defendant would pay the price within 15 days of delivery of the visa.”

However, the defendant was unable to pay wages to transport employees employed by the defendant at the time, and there was no intention or ability to pay the wages even after receiving them from the injured party because of the financial situation such as failure to pay wages.

On August 2015, the Defendant was supplied with 5.1 billion tons at the market price of 5.1 million won to the police officers under the control of the Defendant.

Accordingly, the defendant deceivings the victim.