A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

The defendant is a company that processes and produces raw materials in Asan City D in the name of the company E, a person who registers and substantially operates E in the name of the company.

On May 12, 2010, the Defendant concluded a factory lease agreement with respect to G and the building of this case, which is the owner of the building D (hereinafter “instant building”) at Asan-si, Asan-si, with a lessee F and one other, with a deposit of KRW 30 million.

On May 2010, the Defendant prepared a false charter contract with the lessee Co., Ltd., E, lessor G, and the lease contract with the lease deposit amounting to KRW 150 million with respect to the instant building, in order to continue to supply the raw materials to E by the victim Korea Petroleum Industry Co., Ltd., Ltd., and falsely concluded that the lease contract was to be delivered to H, who is an employee of the victim, and that the lease contract was to be delivered to the lessee, with the intention of transferring KRW 100 million with the lease deposit amount as security.

However, as seen above, there was no intention or ability to transfer the claim of KRW 150 million to the lessor G, and thus, there was no intention or ability to transfer the claim of KRW 100 million to G to the victim, and there was no property to guarantee the outstanding amount arising from continuous transactions due to the absence of any particular property. Therefore, there was no intention or ability to repay the outstanding amount in the event of the occurrence of the outstanding amount.

As above, the Defendant, by deceiving H, who is an employee of the victim, and then deceiving the victim, from June 201 to November 8, 201, the outstanding amount that was actually incurred in continuous transactions of KRW 878,252,760 over several occasions, was acquired through the supply of raw materials, such as waterproof materials and asphalt equivalent to KRW 170,080,355.

Summary of Evidence

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

1. The entry of some of the witness G in the third protocol of trial and the H of witness H;