A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

G Co., Ltd. (hereinafter referred to as “G”) is a company with total sales rights of H products, such as flives, direction-settings, and durws, and the victim I Co., Ltd. is a company that supplies H to the company upon receipt of H from G.

The defendant is a business director of the victim company above interest of G representative director.

1. On February 1, 2016, the Defendant is obliged to return money in the office of the above victim company located in Gangnam-gu Seoul, Gangnam-gu, and the vice president of the said victim “G J shall return money.”

The 5.5 million won of the return amount was paid in lieu of the J, and the sale of the goods that were returned at the request of the J would immediately be paid.

However, in fact, the J Co., Ltd. (hereinafter “J”) was a company operated by the Defendant, and the victim was already paid the return money from G, and there was no reason to pay the money under the pretext of return to J. The Defendant did not have the intent or ability to pay the money borrowed from the victim company because he thought that he would use the money transferred to J for personal purposes.

The defendant received 5.5 million won from the victim company to the corporate bank account in the name of J on the same day.

2. On February 20, 2016, the Defendant obtained orders from M&A Co., Ltd., Ltd., which is the vice president of the said victim’s company, at the place indicated in paragraph 1 at around February 20, 2016.

If the order price of KRW 9,871,464 is remitted, a false statement was made that the order price shall be refunded by adding 0.5% to the order price.

However, in fact G did not receive orders from M, and even if the defendant received money from the injured party, he did not have the intent or ability to pay the money to the injured party because he thought that it would be used as entertainment cost, vehicle leasing cost, etc. by the above J.

The defendant is the same as the victim company.