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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.
Reasons
Punishment of the crime
Since 209, the Defendant acquired and operated B for the purpose of manufacturing and selling industrial machinery, such as automation machinery and heavy equipment, etc., and around May 10, 2012, a person who established and operated C, which actually succeeded to the existing obligations and business of B, and was supplied parts of construction machinery from around October 201 to the victim E, who was the operator of D for the purpose of manufacturing and selling machinery parts.
1. On October 201, the Defendant made a false statement that the Defendant would sell the link to the victim, which is a part used for the production of a click click click, to the victim on credit, after manufacturing and selling the click click click click click click.
However, at the time, the Defendant, without any particular property owned by the Defendant as the bad credit holder, acquired and established B and C under the name of the Defendant’s spouse and wife, and operated them. The Defendant was unable to pay wages to employees and loans to financial institutions due to the failure to manufacture and sell products, such as c lamps, on time. Therefore, the Defendant did not have any intent or ability to pay the price normally even if he was supplied with mechanical parts such as link from the victim.
Ultimately, the Defendant: (a) by deceiving the victim as above; (b) supplied machinery parts equivalent to the amount of KRW 59,950,438 from October 14, 201 to May 31, 2015; and (c) paid only the amount of goods equivalent to KRW 220,184,50,504; and (d) did not pay the remainder of KRW 339,765,934 from October 14, 201 to May 31, 2015; and (c) thereby, acquired pecuniary benefits equivalent to the said amount.
2. The Defendant was unable to pay the victim the cost of mechanical parts, such as links, supplied by the victim when he/she substantially operates a stock company B and C, around March 17, 2015.