A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who purchases agricultural products from farmers and supplies them to wholesale companies.

In order to purchase agricultural products and supply them to wholesale companies, there are many cases where the defendant and the same purchaser set the sale price of wholesale companies and then set the sale price of agricultural products to farmers, not paying the purchase price of agricultural products to wholesale companies, but paying the purchase price of agricultural products to farmers.

In such cases, since there is a possibility that the selling price that can be delivered from wholesalers may decline according to the change in the nationwide market or demand of the relevant agricultural products, and the quality of agricultural products produced by the relevant farmers, the Defendant and the same purchaser should have the ability to pay for the implementation of the sales contract concluded with the relevant farmer in anticipation of the change in the supply price.

The Defendant assumes the obligation of indemnity from the Korea Credit Guarantee Fund that has repaid damages caused by the previous company in the absence of financial resources to approximately KRW 30 million, and began agricultural products purchase business by borrowing KRW 50 million from the land owners on June 2013 in the absence of financial resources. From the end of June 2013, up to the end of June 2013, the Defendant already purchased capital up to KRW 317 million, but it was obvious that considerable losses would have been incurred due to the decline in the price of capital reduction. Accordingly, it was sufficiently anticipated that even if purchasing agricultural products from farmers, the purchase of agricultural products could not be paid even if it was made, and there was no ability to pay the price in advance before receiving the price of supply from the wholesale company.

The Defendant, around June 2013, purchased 950 won or 750 won in one kilogram according to the size of both waves to the victim D, E, F, and G who cultivated chip in Ulsan-gun, Chungcheongnam-do around the end of June, 2013, and concluded that the payment would be made immediately on July 2, 2013 when carrying chip into the cargo.