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Defendant
A Imprisonment with prison labor for eight months and for four months, respectively.
However, as to Defendant B, this shall not apply.
Reasons
Punishment of the crime
Defendant
A is a person who actually operated C, D, and E, a food material supplier from March 2016 to August 2017, and Defendant B is a representative in the name of C.
Defendant
A during the above period, in the middle and high school meal tender for Yangsan-si, Kimhae-si, a small and medium enterprise operator was awarded the lowest price and was unable to repay the outstanding amount to Defendant A’s personal debt, etc., and the victim F did not receive the food materials amounting to KRW 61,420,523, a total of KRW 141,420,523 from the victim F and did not pay the food materials amounting to KRW 182,69,630, while receiving the food materials amounting to KRW 182,69,630,00 in total from KRW 182,69,630, it was impossible to pay the cost of the food materials amounting to KRW 20,369,630, Jul. 30, 2017.
1. When a compulsory execution by the victim and his clients is imminent in excess of the above obligation, Defendant A had the intent to avoid compulsory execution by concealing property, such as withdrawing cash from the accounts of C and D or transferring money to the accounts of persons, etc.
On or around July 31, 2017, the Defendant: (a) deposited the money for supplying meals to the C Office located in Gyeyang-si, Yangsan-si, Kimhae-si, into the C Bank account (H); and (b) ordered I, an employee in charge of accounting, to transfer money to another person’s bank account; (c) ordered I to “I to use money for a bank loan and card payment later; and (d) made I, around August 1, 2017, transferred money from the said C Bank account to D’s bank account (J) on or around the same day; and (e) transferred money from the said C Bank account to the D’s bank account (M), 10,000,000,000 won to the said C Bank account on or around August 2, 2017; and (e) transferred money from the said account under the name of the P Bank (OP) bank in the name of each of the above C Bank (H) on or around August 2, 2017.