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A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who has operated a school meal service provider from May 1, 1994 to May 12, 2014, with the trade name of "D (formerly changed trade name: E) located in Ulsan-gu, Nam-gu.
The Defendant had a debt of KRW 250 million with financial right loans and bonds, and the interest on the above debt was paid KRW 2.5 million per month, and around April 2014, the Defendant participated in a bid at a price lower than the competitor to increase the number of schools to be supplied with food materials, and even if the volume of the transaction is so increased, it is difficult to increase the profits. Therefore, even if food materials are supplied by the food materials supplier to the school, there was no intention or ability to pay the price on the agreed date of payment.
Nevertheless, at the end of March 2014, the Defendant sent to the victim G, who operates food materials suppliers with the trade name F at the above D office, by facsimile, a false statement of food placed in the school meal service contract, stating that “I would end up to the 10th day of the following month by supplying food materials.”
The Defendant, as such, by deceiving the victim and being supplied with food materials equivalent to KRW 808,250,00 in total from the victim around April 1, 2014, the Defendant received food materials worth KRW 12,134,50 in total from the victim until April 30, 2014 by the following methods: (a) around April 1, 2014, the Defendant received food materials worth KRW 229,712,552 in total from the victim 28 in total from the victim’s list of crimes from that time until April 30, 2014.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. Each statement of G, H, I, J, K, L, M, N,O, P, Q, R, T, U, V, W, X, Y, Z, AAB, and AC;
1. The current status of purchase by D-Sales, each commissioner of the customer's office, each director of the customer's office, each detailed statement of transactions, current status of sales, each period of time, D sales office, D sales office, sales office, and sales transaction statement, each director of the sales office, each statement of sales, the consolidated transaction statement by customer, and each customer.