A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The defendant of "2018 Highest 4695" is a person who processes, produces and sells synthetic resin with the trade name B.

On April 2017, the Defendant: (a) entered into a partnership agreement with the victim C to take charge of production and sale; (b) concluded a contract to engage in the business of manufacturing facilities and investment; (c) engaged in synthetic resin processing business at a factory located in Gyeongsan-si, Chungcheongnam-si; but (d) suspended business from February 2018 on the grounds of poor management.

The Defendant, at the above plant, kept machinery equivalent to KRW 42,300,000 in total of the market price as stated in the attached list of crimes, such as water tanks with a total of KRW 500,000,00 in the market price, which is the victim’s possession, at the above plant, embezzled the said machinery at his own discretion, and then, embezzled in a manner that does not comply with the victim’s request for return.

[2019 Highest 4866] The Defendant, on February 2019, called “(45) by phone calls to the victims of G (5 years of age) who put up a sign stating that DPE vinyl will be sold to F Kaf,” and called “LDPE vinyl, HDPE plastic products may be sold well.” Since the interior works for a long time on this floor, infrastructure is well-established. When the goods were supplied, 50 won per kg and 50 won per kg shall be sold at the supply of the goods, and the remaining amount shall be refunded.”

However, there was no intention or ability of the defendant to pay the price even after the defendant was supplied with the HPE pulver by the victim.

On February 12, 2019, the Defendant: (a) by deceiving the victim; and (b) obtained from the victim, the Plaintiff received HDPE pulvers equivalent to KRW 8,732,90,00 at the Busan Port International Terminal in Gangseo-gu, Busan (Songbuk-dong) from the victim; and (c) obtained hDPE pulvers equivalent to KRW 9,340,00 from the victim.

Summary of Evidence

"2018 Highest 4695"

1. Statement of the accused in the second protocol of trial;

1. Statement of prosecutorial statement concerning C;

1. Contracts, copies of agreements, estimates of equipment and machinery, documents of mechanical status, investigation reports (Submission 2 of supplementary documents by complainants), - two explanatory materials.