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1. The defendant A shall be punished by imprisonment with prison labor for ten months.
However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] Defendant A was sentenced to a suspended sentence of four months for a violation of the Waste Management Act in the official branch of the Daejeon District Court on November 27, 2015, and the said judgment became final and conclusive on October 17, 2016.
[Criminal facts]
1. The Defendants established and operated approximately KRW 200,00,000 as well as D in which they invested approximately KRW 200,000,000, in Cheongyang-gun E around February 2015 and caused D to withdraw from F due to internal problems, the Defendants were liable to D for a debt worth approximately KRW 203,750,000.
2. Criminal facts;
A. The Defendants, on April 1, 2016, would pay the F Waste-related Fraud to the victim H, who operates a stock company G (hereinafter “G”) from F around April 1, 2016, the amount of the F Waste-related fraud (hereinafter “F”), within 15 days after the completion of the disposal of the waste in F.
“A false statement” was made.
However, at the time, F was obligated to pay approximately KRW 1,00,000,00 in excess of the outstanding amount of KRW 122,335,209 to J Co., Ltd., a company that is another waste disposal company, and as such, F had no intent or ability to pay the amount even if the victim disposed of the wastes in accordance with the terms of the contract.
Nevertheless, even though the Defendants deceiving the victim as above and let the victim dispose of wastes from April 20, 2016 to April 27, 2016, the Defendants failed to pay KRW 15,995,100 to acquire property benefits equivalent to that amount.
B. Around August 2015, Defendant C (hereinafter “C”) committed a fraud related to waste (hereinafter “Defendant A”) was awarded L, a stock company located in Chungcheongnam-gun, Chungcheongnam-gun, Cheongyang-gun, a vice president, at auction and established C by winning a bid. In relation to the disposal of wastes not collected by the Defendant who remains in the above factory site, the wastes were in the name of debt repayment to D as described in paragraph (1).