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Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Criminal facts
On April 5, 2013, the defendant was sentenced to a two-year suspended sentence of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) at the Busan District Court on April 5, 2013, and the above judgment has become final and conclusive.
The defendant is the representative director of Corporation D in Ulsan-gun C.
On April 23, 2012, the above company was treated as the first default on payment from the principal bank on the ground that it failed to pay due bills issued by the above company, and the last default on payment was done on April 25, 2012.
On the other hand, as of April 2013, the above company was in the state of net business loss from 4 billion won to 300 million won in the state of the price of materials not paid to a trader with a total of 10 billion won, and as of June 15, 2012, the total amount of the assets as of June 15, 2012 is equivalent to 2.8 billion won, and the total amount of the liabilities is equivalent to 10.4 billion won in total capital, and there was no intention or ability to pay the amount properly by being supplied with steel from the victim's passenger steel as the total amount of the liabilities is equivalent to 10.7 billion won in total capital.
Nevertheless, on April 19, 2012, the Defendant, through E, an employee of the above company, who is aware of the circumstances, made a false statement that “on the first hand, if he supplies steel, he would pay the price to the victim until the end of May 2012.”
The Defendant, by deceiving the victim and being supplied with steel materials (FLAT BAR SS 400 x 6.0 x 50 x 6,607kgs) equivalent to the market price of 6,404,750 won on the same day from the victim. The Defendant was supplied with steel materials (E Q Q. 65 x 65 x 65 x 658 x 100 x 5 x 3,671kgs) equivalent to the market price of 3,953,860 20th of the same month.
Accordingly, the Defendant received steel materials in a total of KRW 10,358,610 through two times, and acquired them by fraud.
Summary of Evidence
1. Each legal statement of witness F and G;
1. The prosecutor's interrogation protocol of the accused;
1. The police statement of H;
1. Copy of rehabilitation plan;
1. The report of investigation is not in indictment;