A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a wholesaler who operated ice and agency from February 6, 1989 to April 30, 2012 under the trade name of "Djin Agency" in Jinju City from Jinju City to D, and sold ice and clothing to retail stores after being supplied by the victim D Co., Ltd.

From 2006, the Defendant continuously aggravated financial standing due to the direct trade of large retailers and ice and ice-type companies, the depression of ice-type industries, and the impossibility of collecting sales claims due to the chain of transaction partners' chains. Since 2010, the Defendant borrowed money of KRW 1 billion from his family and branch in order to pay for goods, and the Defendant was also liable for the amount of KRW 1 billion from other financial institutions.

In addition, in this process, the Defendant considered and sold ice ice supplied by the victim for the settlement of promissory notes and so on, and if the amount of credit increases, the Defendant supplied a lot of ice ices to repay the above amount of credit, and repeated circulation of dumping disposal is repeated.

As such, even if the Defendant was provided with ice from March 2012 to the victim from around March 2012 due to the business conditions, financial standing, etc. of the Defendant, even though the Defendant was unable to pay the price promised until the agreed date for the payment of the bill or the payment of the bill of exchange and credit transaction, the Defendant, as if he would be able to pay the price normally, was deprived of the victim and had the Defendant been provided with ices worth KRW 1,163,579,895 in total 38 times from March 1, 2012 to April 30, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Each investigation report (referring to the statement of an excursion ship/ferry);

1. Confirmation of details of transactions, claims and obligations, attempted status by date, verification books of transaction comparison, records of dishonoring the current status of promissory notes, recording records, interview reports, respectively; and