A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the representative director of the corporation B established for the purpose of producing and selling organic fertilizers around March 15, 2002.

On February 2, 2017, the Defendant called “A victim C, who is engaged in the distribution business of fertilizers, etc., to carry out a fertilizer, insecticide eco-friendly auxiliary business. If the Defendant supplies high ginseng and marine, which is an eco-friendly medicinal drug, he/she would receive subsidies from an environment-friendly medicine national fund, and pay the price for supply to the police officer at the latest until December 2017.”

However, even if the Defendant received national funds, it was thought that it would be used as debt repayment, personnel expenses, material expenses, and transactional settlement payments. At the time, the Defendant had a debt of 1.5 billion won to a financial institution that was operated by the Defendant, and there was no intention or ability to pay the funds within the agreed period even if the Defendant was supplied with eco-friendly drugs from the victim since 2011.

According to the evidence of May 22, 2017 (Evidence No. 7, 13, and 62 of the evidence record), the defendant deceivings the victim as such and deceivings the victim and supplied eco-friendly drugs to the victim on May 22, 2017 (the date and time of supply of eco-friendly drugs as indicated in the judgment of the defendant is recognized as of May 22, 2017. The defendant does not dispute the fact that the victim was supplied with eco-friendly drugs (the cost and time of supply) as indicated in the judgment, and thus, there is no substantial disadvantage in guaranteeing the defendant

In the amount of KRW 20,460,000 and the amount of KRW 20,460,00 were supplied with environment-friendly medicinal materials, such as N.M. and acquired them by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of each police suspect examination protocol against the accused;

1. Statement of the police statement regarding C;

1. A complaint;

1. Details of credit assessment meetings;

1. Electronic tax invoices, statement of financial position, defective statement of agencies' claims, and certificate of closure;

1. Text details;

1. Details of transactions in each account;

1. Investigation reports (absent of the details of replies to investigative cooperation);