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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 became final and conclusive.
(e).
Reasons
Punishment of the crime
[Presumption Facts] The Defendant, from May 11, 2015 to March 2, 2016, operated the Fund for the Settlement of Co., Ltd. for the purpose of importing and exporting cosmetics located in B and cosmetics ingredients in Jung-gu Incheon Metropolitan City, and thereafter (from March 2, 2016, the location of the head office of the said Fund for Settlement of Co., Ltd. is changed to China-gu D buildings, E units, and registered directors from March 2, 2016) is a person who registered as a sole director and actually operates the said Fund for Settlement of Co., Ltd., and a person who is an actual auditor of the representative director of H Co., Ltd. (hereinafter referred to as “H”) who is a trade company and export company.
Around July 1, 2014, the Co., Ltd., the defendant-in-law company, entered into a Chinese sales license agreement on distribution and sales of Chinese region with respect to the victim's "L" and "M" brand products, a registered trademark of the victim, which are the cosmetics manufacturing company located in K in Gangseo-gu Seoul Metropolitan Government J-gu, Gangseo-gu, Seoul, and sold cosmetics in China by receiving cosmetics, such as "Mak-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k
However, in around 2015, the Defendant supplied cosmetics from the injured party to sell them in China, but failed to pay the outstanding amount to the injured party, and around February 2016, the outstanding amount came to be KRW 3,104,57,570. On February 19, 2016, the Defendant sent a certificate of content to the effect that the injured party would terminate the contract for the right to sell in China if the injured party requested the payment of the outstanding amount and did not comply with the request. On February 24, 2016, the Defendant respondeded that “the injured party will not pay the outstanding amount on the ground that the contract for the right to sell in China was rejected from some of the products supplied by the injured party exceeding the equal standard.” Ultimately, the Defendant notified the injured party of the termination of the contract for the right to sell in around February 29, 2016.”