A defendant shall be punished by imprisonment for a term of one year and four months.

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

Punishment of the crime

The Defendant is the representative of “D” located in the Gu and the Si of the Gu.

The Defendant, from around August 2014, received G (production of smartphone parts) from the “F” corporation operated by the Victim E and supplied it to the “H” business, and received the payment from the “H” business, and traded with the victim by immediately paying the payment to the victim. On March 2016, the Defendant, from the Defendant’s office, was trading with the victim E in the manner of immediately settling the payment to the victim. The Defendant, from the Defendant’s office, sent the phone to the victim E in large quantities, called “G” and supplied it to H. The payment would be immediately settled as in the previous case.

“False speech” was made.

However, at the time, the Defendant was liable for a large amount of financial and personal liability exceeding KRW 1 billion. Moreover, since around September 2015, around KRW 30,000 has been continuously increasing every month due to the occurrence of the fixed disbursement of KRW 30,000 per month from around September 2015 due to the costs of leasing public machinery and interest on loans, etc., the Defendant was able to pay for the goods to the customer after receiving large amount of goods from the damaged party and then receive the goods from the customer, and to take the bankruptcy and exemption procedure after using them for the settlement of the obligation and living expenses, and for the employees, there was no intention or ability to pay for the goods to the victim.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) obtained the supply of the goods equivalent to KRW 323,300,620 from March 2, 2016 to August 10, 2016, as stated in the list of crimes in the attached list from the victim to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a bank transaction statement, past transaction confirmation statement, electronic tax invoice, transaction statement, list of creditors, list of creditors' wages payment ledger, ledger of employees' wages, debt and bonds data to enterprises, and bank transaction statement statement in 2016;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Grounds for sentencing under Article 62(1) of the Criminal Act 1.