A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

The defendant is the representative director of the D Co., Ltd. established for the purpose of manufacturing metal processed products, and the victim E Co., Ltd. is a corporation established for the purpose of wholesale and retail business of steel products.

Upon receipt of steel from the injured party’s supply of steel products, the Defendant entered into a contract to pay the price for the following month, and received steel products equivalent to KRW 157,039,069 from around August 2014 while being supplied with steel products from the injured party from around April 2014, and received steel products equivalent to KRW 62,698,097 from September 2014.

However, the facts revealed, however, that the Defendant had been in the process of receiving orders from the above D around August 2014 and operated as the enemy, the Defendant was in the process of failing to pay national taxes equivalent to KRW 34,000,000 on June 2014 and used up to the limit of the width of the head of the corporate passbook used at the time. Accordingly, from around August 2014, the Defendant was in the process of being supplied with steel products from the injured party.

(2) there was no intention or ability to pay the price.

The Defendant, as such, by deceiving the victim, received a total of KRW 219,737,166 from the injured party.

Summary of Evidence

1. Legal statement of witness F;

1. A protocol concerning the examination of the accused to the public prosecutor (including F statements);

1. Application of Acts and subordinate statutes on the process certificate of bills, the ledger of a seller, and the details of default;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act (including the cases) and the reason for sentencing selection of imprisonment with prison labor;

1. The scope of recommended punishment, general fraud, not less than 100 million won but less than 500 million won, and the basic area: Imprisonment for one year or more to four years;

2. The amount of damage in this case to which the decision on punishment was made is considerably significant to 219,737,166 won and has not been paid up to now, and it is inevitable to sentence a sentence even when considering the following circumstances:

However, taking into account the fact that the Defendant had no record of crime, the fact that the Defendant’s operation is difficult, and the Defendant’s performance of KRW 12,240,00 after the closure of pleadings, etc. is considered.