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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On January 9, 2018, the Defendant was sentenced to one year of imprisonment for fraud in the Cheongju District Court’s Assistance, and the judgment became final and conclusive on April 10, 2018.
The defendant is a person who operates the Bank B.
In February 2016, the defendant notified the victim D's office located in Gwangju-si that he would suspend the supply of the original ice on the ground that the supply of the original ice would not be smooth from the victim D's damages, and "the supply of original ice ice ice ice ice ice ice Do, the supply of original ice ice Do, will dispatch our employees, and the incidental expenses will also be borne by us, and the unpaid price will be settled and paid at a rapid time.
“.........”
However, the Defendant, at the time, bears approximately KRW 5.2 billion loan obligations, approximately KRW 9.9 billion personal loan obligations, KRW 1.4 billion loan obligations, KRW 1.3 billion company employees’ unpaid wage, and KRW 133 billion unpaid wage. The Defendant was under serious economic pressure, such as the factories and fathers of the above bank in charge of the settlement of accounts to be attached, and thus, there was no intention or ability to pay the victim the amount of goods and incidental expenses, even if they were to be supplied with ice from the injured party.
Nevertheless, on February 2, 2016, the defendant was provided with ice ice ice as a ice factory in the Dispute Resolution Co., Ltd., and had the victim bear the food of the employees from around that time to June 27, 2016, and acquired property benefits equivalent to KRW 188,036,200 in total as shown in the annexed crime list from around that time to June 27, 2016.
Summary of Evidence
1. A protocol concerning the examination of suspects of defendants who have made a statement in court;
1. Copy of the protocol concerning the examination of the suspect against the defendant;
1. Statement made by the police against D;
1. Status of shipment, electronic tax invoices, certificates registered, and results of inquiry into credit information;
1. A previous conviction: A written inquiry, such as criminal history, shall be made;