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A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around June 2012, the Defendant: (a) concluded a supply contract with a trading agency and concluded a supply contract with the victim; and (b) concluded a false statement with the victim to the effect that “The Defendant would regularly pay the cost of the material at the end of the following month from the date on which he/she received the cost after the supply of the material.” (c) sent an order stating false amount to the victim by facsimile.
However, in fact, the Defendant did not have concluded a necessary supply contract with the customer, and there was no intention or ability to pay the cost of the material normally to the victim, since the Defendant was able to pay the cost of the material by disposing of the goods on credit from the victim on the property, etc.
Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received materials from the victim from June 15, 2012 to November 13, 2011; and (c) acquired materials, such as steel plates worth KRW 607,955,346 from around June 15, 2012, and acquired them by deception.
2. On December 1, 2012, the Defendant: (a) received a request from the victim C for the process of cutting steel plates and sculling, etc. from the victim C; (b) provided the said materials as collateral; and (c) provided money to the victim for the purpose of the victim; and (d) provided the victim with the intent to repay his/her existing obligation by borrowing money from the medium-sized materials as collateral; and (c) provided eight tons of the steel plates worth KRW 27,200,000 in the market price from December 7, 2012 to August of the same month at around the same month at his/her own expense during the period from around December 11, 2012 to around December 12, 2012 at his/her own expense as collateral for the money borrowed at the expense of KRW 57,80,000,000 in the market price during the period from around December 11, 2012 to December 17, 2017.
Summary of Evidence
1. The defendant;