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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
The defendant is the actual operator of E (Representative F) corporation, which engages in boiler manufacturing and wholesale and retail business in D in Gyeonggi-si, Gyeonggi-si.
On October 20, 201, the Defendant had already been invested by another person in the amount of KRW 160 million, and then borrowed the remainder of KRW 140 million by borrowing KRW 10 million from another person to pay KRW 250 million until the end of January 2012, the Defendant concluded a consignment contract with the victim J for the manufacture and sale of the soft Electrical Electrical Co., Ltd. for the sale of electricity so that the Defendant had already entered into a sales contract with the Haring, Home Shopping, and Nonghyup Co., Ltd. for the sale of electricity so that the amount of KRW 300 million would be necessary, and the Defendant would pay KRW 50 million to the victim up to KRW 250 million until the end of the day of the business year 2012. The Defendant had already entered into a sales contract with the Haring Home Co., Ltd. for the sale of electricity so that the amount of KRW 300 million would be KRW 160,000,000,000.
It presented a business plan stating false contents.
However, the facts did not have concluded a sales sales contract with a large franchise store in the city, including Home shopping, Hart, and Nonghyup as one of the agricultural cooperatives operated by the defendant for the sale of electric database. In light of the financial circumstances such as the organization and production facilities of employees of the above company, existing debts, and delinquency in paying surcharges, the above company did not have the ability to manufacture and sell the electric slab close to 40,000 dollars a year. Upon borrowing money from the victim, the victim did not use it for the production of electric slab, but intended to use it for the above E’s default tax payment, Defendant’s personal debt repayment, etc., and the victim was the victim under the agreement.