Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a year.

However, the defendant A is subject to objection.

Punishment of the crime

[former Facts] Defendant A is a person who operates a company producing industrial air conditioners under the trade name of “(State)C (hereinafter “C”)”, and Defendant B is a person who operates a company producing air conditioners and parts, etc. under the trade name of “State D” (hereinafter “D”).

Defendant

B from around 2012, from around 2012, the Defendant supplied the “compact air conditioning”, which is a part of the cooling system, to Defendant A, and around July 2016, there was a balance of 300 million won.

Defendant

On July 18, 2016, A presented to Defendant B, “I suspended the operation of the factory after suspending the operation of the factory. It is impossible to procure parts because of the lack of financial standing. In the new nature, I would like to produce finished products by purchasing materials in the face of the issuance of the bill, create 65% of finished products (per month equivalent to 200 million won) and sell the remainder as operating funds, and Defendant B issued two copies of the electronic bill (in total amount, KRW 120 million) on October 25, 2016 with the consent of the above proposal, and issued two copies of the electronic bill on July 18, 2016 (in total amount, KRW 120 million) as the payee.

On August 3, 2016, Defendant A sent to Defendant B an e-mail that “a bill issued in D, instead of sending a cooling machine to D, is to be repaid directly by Defendant A.” On or around August 23, 2016, Defendant A demanded Defendant B to provide additional support for the bill of exchange.

Defendant

B Upon Defendant A’s request on August 23, 2016, around 2016, at the face value of KRW 40 million, KRW 50 million, KRW 60 million, and KRW 3 copies of an electronic bill at the maturity of November 25, 2016 (total face value of KRW 150 million) issued and delivered C as an addressee.

Meanwhile, around October 25, 2016, Defendant A cannot refuse Defendant A’s request for continued funding, even though Defendant A paid KRW 90 million out of the settlement amount of the bill as of July 18, 2016 at the wind that Defendant A deposited KRW 90 million.