A defendant shall be punished by imprisonment for not more than ten months.

However, 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 is a person who actually operates C and was engaged in steel distribution business.

1. From around May 201, the Defendant received a notice from the victim’s Seongdong Steel (hereinafter “victim”) to the effect that, in cash, the Defendant paid the price for the steel with a promissory note from May 201 as the price for the supply of the steel. On or around November 7, 2012, the Defendant was notified that the unpaid amount for the supply of the steel to the victimized company was 136 million won, and that it is impossible for the victimized company to supply the additional steel without paying the outstanding amount or offering the collateral.

Accordingly, on November 28, 2012, the Defendant transferred KRW 25 million out of the amount unpaid for the supply of existing steel bars to E, a director of the damaged company located at the bottom of the Busan Seo-gu, Busan, to E, who is the head of the D department of the damaged company.

However, at the time of fact, the Defendant was in bad credit standing equivalent to KRW 30 million for taxes, KRW 180 million for personal debts, and paid the outstanding amount to the victimized company by lending money from the surrounding neighbors. Around that time, there was no place to borrow money from the damaged company, and there was no ability to pay the amount even if the Defendant was additionally supplied with the outstanding amount of money from the victimized company, and the Defendant could have sufficiently predicted this.

Nevertheless, the Defendant, as seen above, by deceiving the above E from November 28, 2012 to December 4, 2012, the Defendant acquired, as indicated in the attached Table of Crimes, the KRW 51,700,330 of the iron bars owned by the victimized company from November 28, 2012 to acquire it by deception.

2. Around December 2012, the Defendant: (a) borrowed a promissory note (H) in the name of F Management G (State), the face value and due date of which are blank from F; (b) obtained delegation from F to exercise its right to supplement within KRW 65 million in face value.

Nevertheless, the defendant on 2013.