A defendant shall be punished by imprisonment for a term of one year and four months.

Punishment of the crime

The defendant is a person who was the representative director of the (State)C in Ansan-si, a member B.

[2016 Highest 2172] On June 13, 2014, the Defendant provided four factory machinery units equivalent to KRW 11,154,00,00 in the amount of KRW 67,200,00 from the Bank of Korea at the location of the Industrial Bank of Korea located in Ansan-si, a member of Ansan-si, the Defendant provided four factory machinery units equivalent to KRW 11,154,00,00 in the amount of KRW 11,154,00, and created a mortgage on the maximum amount of the claims against the victim bank at KRW 67,20,000.

On January 2015, the defendant transferred four of the above factory machinery at the above (ju) business establishment to D, a creditor, for the repayment of the existing debt, and concealed the goods owned by the Dispute Resolution Co., Ltd., which became the object of another person's rights.

[2016 Highest 2518]

1. Around August 2014, the Defendant concluded that “The Defendant would pay the cost of processing at the end of each month to the victim E, who operates a clinical processing company at the instant place of business (ju) C, by performing strip and corrosioning operations on the printed circuit board.”

However, the Defendant did not have any intent or ability to pay the contractual processing cost as agreed even if he did not have any specific property and received the said payment from the injured party, because the Defendant had a liability to pay to the bank, business partners, etc. at the time.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) obtained the profit of the property equivalent to KRW 12,581,745, in total from the supply of the printed circuit board that was processed from August 15, 2014 to September 25, 2014 from the victims of such deception; and (c) acquired the profit of the property equivalent to the total amount of KRW 12,581,745.

2. On July 2, 2013, the Defendant entered into a lease agreement with the victim (state) five hundred million won owned by the Defendant on the fifth day of each month from August 5, 2013 to July 2, 2016, with the condition that “3,576,202 won per month from August 5, 2013 to July 2, 2016, the second to 3,48,238 won, and the third to 3,458,852 won from July 2, 2016, on the condition that the victim (state) will pay KRW 160,000,000 from August 5, 2013 to July 2, 2016.