A defendant shall be punished by imprisonment for one year.

except that 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 operated a limited liability company B from March 1, 2016 to June 25, 2018.

1. On May 2, 2017, the Defendant concluded that, around April 2, 2017, the victim E in the vicinity of the D convenience store located in Si/Gunsan-si, “If there is any progress payment that would be made in F, and the personnel expenses would not be paid, the Defendant would be repaid one to two months after the lapse of 20 million won.”

However, in fact, the Defendant did not have any intention or ability to repay the amount within the agreed date, even if he borrowed the amount from the victim, because the Defendant had failed to meet the personnel expenses and operating expenses including approximately KRW 100 million in arrears, and even if he received the payment from the F, he was planned to cover the unpaid personnel expenses, etc.

As above, the Defendant, by deceiving the victim, received 20 million won from the victim to the above corporate account on May 2, 2017, and acquired it by deceiving the victim.

2. On July 26, 2017, the Defendant was awarded a contract for manufacturing goods from (i)G to (ii) for the next 2 to 3 years in the vicinity of Ysan-si. Around July 2017, the Defendant issued a contract to the victim (i.e., (ii) for manufacturing goods for the future 2 to 3 years. In order to create a product that has received orders, the amount of KRW 150,000,000 is necessary for the purchase cost of public appliances and equipment for factory hosting. The contract that received orders is the work that leaves sufficient money. If the Defendant borrowed money, the Defendant would give a subcontract so that part of the goods received can be produced even on the part of (i) H operated by the victim.

However, in fact, the Defendant had no choice but to regard the enemy by concluding a contract of KRW 13-140,000,00 which is less than KRW 190,000,00,000, which is the appropriate unit price with the G, and there was no intention or ability to pay the amount borrowed from the victim because most of the funds borrowed from the victim were to be used as delinquent taxes and personnel expenses due to the continuous payment of labor cost in excess of KRW 100,00,00.