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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
The defendant is the representative director of D Co., Ltd. who is engaged in the business of manufacturing semiconductor parts located in C, and the victim E is the person who is engaged in the business of manufacturing semiconductor equipment in the name of "G from Asan City F."
The Defendant sent the business of D Co., Ltd. at the above G office around September 2015 to a private person H.
In addition, the victim made it difficult to conclude a contract for the processing of semiconductor production equipment with the victim at the end of each month by settling processing costs at the end of the month and allowing the victim to pay processing costs within 60 days from the date of settlement. On December 2015, the defendant directly visited the victim and visited the victim at the above G office to make payments. Since there are many new difficulties that we will leave the victim to him/her, we continued to do so. Thus, from September 2015 to February 2016, the victim was supplied with the processed product after having the victim conduct semiconductor production equipment processing amounting to 45,216,705 won.
However, around that time, the Defendant was in most of the situation where the balance in the bank account in the name of D was only KRW 00,000,000, and the Defendant was paying the Defendant’s wages to the employees of D because it was not sufficient to pay the wages to the employees of D, and the amount deposited or borrowed from the customer was not immediately used within the business expenses of the company, such as wages, and the Defendant was not able to cover the processing expenses to be paid to the victims. The Defendant was liable for the Defendant’s personal debt of KRW 246,00,000,000,000, such as the Agricultural Cooperative loans and the loans of the lending Companies. The Defendant was responsible for the Defendant’s personal debt, and the amount the victim would have supplied and received the semiconductor production equipment to the original company of D, which was processed, was thought to have been transferred to the previous obligor
In this respect, the Defendant above.