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Defendant shall be punished by imprisonment for a term of one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant and B jointly operated C(hereinafter referred to as “C”) for the purpose of the business of textile and atomic export and import due to marital relations.
1. On June 2017, the Defendant and B told the victim of the crime against the victim D to the effect that the victim in the F office operated by the victim D in Yangju-si, Yang Sung-si, the Defendant and the victim “is a legal entity of the textile processing company operated by the existing individual business entity, and the content processing business would necessarily settle the processing cost by the end of every month.”
However, in fact, around May 31, 2017, at the time of the establishment of C as the representative director of B, there existed considerable amount of KRW 200 million to KRW 300 million, and since June 2018, the number of work ordered under C from June 2018 sharply decreased, due to the accumulated business debt, the financial situation has deteriorated to the extent that it is not possible to pay wages to the employees of C from July 2018 due to the cumulative business debt, and there was no intent or ability to pay the amount to the victim at the agreed due date, even if the victim requested the processing of textile, even if the victim requested the processing of fiber, such as receiving the loan for the purpose of raising funds for business and living expenses from financial rights, etc. on or around October 2018.
In collusion with B, even though the Defendant: (a) conspired with B, by deceiving the victim; and (b) requested the victim to process the fiber processing from August 2018 to December 2018, the Defendant acquired pecuniary benefits equivalent to the amount of the said amount by failing to pay the sum of KRW 97,036,287, while requesting the process of the fiber processing.
2. Around July 5, 2018, the Defendant and B told the victim G to the effect that “this month is more than normal, and if the textile inspection and packaging work is performed as existing, the payment will be made by the end of the following month” to the victim’s I office operated by the victim G in Yangju-si.
However, the facts are examined by the victim for reasons such as Paragraph 1.