A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On December 2, 2017, the Defendant made a false statement to the effect that “The Defendant would pay the amount immediately by calculating KRW 350 per 1kg of the delivery to the factory of the said company by working for drilling at the office of C Co., Ltd. of the agricultural company located in the Jeonnam-Gun I operated by the Defendant, and by calculating KRW 350 per 1kg of the delivery to the factory of the said company” to the victim U.S.

However, on March 2017, the Defendant acquired the foregoing company’s debt amounting to KRW 900 million, and had a lot of debt amounting to KRW 650 million from E, etc. to acquire and operate the company, such as borrowing KRW 650 million from E, etc. In order to operate the company, there was no good situation in the operation of the factory, such as where the enemy was accumulated while operating the company and discussions on the closure of the factory, and where the interest on the financial rights was not paid properly, etc. Therefore, even if the Defendant was supplied with a distribution by the victim, there was no intention or ability to pay the amount.

As above, the Defendant, by deceiving the victim as above, was obtained from the victim from December 9, 2017 to December 23, 2017 the market price of KRW 70,322,00 in total from around 17 times to December 23, 2017, and acquired by deceptions equivalent to KRW 70,322,00.

The Defendant, “200 Highest 895,” is a person who operates a kimchi factory in the name of “C” in the former Navy I, and the victim AY is a person who engages in agricultural products distribution business.

On November 4, 2018, the Defendant made a false statement to the effect that “The Defendant would immediately pay the victim the face value of food materials, such as the livers necessary for the cafeteria of Kimchi Factory, to the victim, at an influent place in the Nam-gu, Namnam-gun, Chungcheongnam-do.”

However, at the time, the Defendant was liable for approximately KRW 900 million for financial rights, and approximately KRW 650 million was responsible for E, etc., and even if he was supplied with food materials by another supplier, such as B and U, he was not fully paid for the distribution of food materials from the victim.