A defendant shall be punished by imprisonment for not less than two years and six months.

Criminal facts

[2013 Highest 5948] The Defendant is a person who received food materials from customers and supplied them to schools while operating a mutual school meal service enterprise called (State) D in Daegu Northern-gu.

On November 1, 2011, the Defendant made a false statement to the victim G who operates a fishery products supplier with the trade name of “F” from Daegu Northern-gu E, Daegu-gu, stating that “I would pay various food materials if you supply them.”

However, the Defendant did not have the intent or ability to approve the payment, even if he received various kinds of food materials from the victim, such as the payment of the Bank loan amounting to KRW 500 million, the loan amount of KRW 100 million, the loan amount of KRW 100 million, and the loan amount of KRW 100 million from the others.

In addition, the Defendant received food materials equivalent to KRW 14,757,765 from the victim from the victim until December 6 of the same year, including the delivery of food materials such as high-sea fishing, etc. from the victim, and did not pay the amount after receiving food materials equivalent to KRW 143,141,672 in total from 13 victims as shown in the crime sight table 1.

Accordingly, the defendant was provided property by deceiving the victims.

[2013 Highest 6308] The Defendant is a person who received food materials from customers and supplied them to schools while operating a mutual school meal service enterprise called (H)D in Daegu Northern-gu.

On October 4, 2011, the Defendant made a false statement to the victim K (the 44 years of age) who operates a mutual food material delivery company from the Daegu Northern-gu Seoul Northern-gu ‘J', stating that the Defendant would pay various food materials if he/she delivers them.

However, the Defendant did not have the intent or ability to pay the amount, even if he received all kinds of food materials, such as re-exploitation and original equipment, due to considerable debts, such as KRW 500,000,000, 100,000, and 100,000,000.