However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

[Judgment of the court below] The defendant is the representative director of the Bank of Korea.

From around 2011, the Defendant experienced difficulties in operating the said company due to the financial difficulties, and around 2012, the Defendant was unable to pay wages, etc. to the employees because of the lack of profits due to the failure to perform construction works, and around May 2012, the amount of taxes in arrears was about KRW 15 million, and thus, even if having received construction goods from other persons, there was no intention or ability to pay the said fees.

【Criminal Fact-finding 【The Defendant, like the above premise, stated that, even though he did not have the intent or ability to pay the price even if he was supplied with landscaping stone, etc. by the victim C (the State), the Defendant concluded that, around August 16, 2012, the employees, who were unable to know the name of the victim C (the State) at the construction site of the D Building D Building, Incheon Reinforcement-gun, were ordered to pay the price for the goods to the police officer in lump sum on September 2012, when the landscaping work is completed when the landscaping work is supplied.”

Around August 16, 2012, the Defendant supplied landscaping stone equivalent to KRW 1,904,00 of the market price owned by the victim company to the employees of the victim company; around August 17, 2012, the Defendant supplied 1,904,000 of the name “8 payment”; around August 17, 2012, the name landscaping stone equivalent to KRW 1,904,00 of the market price owned by the victim company was supplied; around August 19, 2012, the name landscaping stone equivalent to KRW 2,78,00 of the market price owned by the victim company was supplied; around August 23, 2012; and around August 23, 2012, the name stone was supplied; and around September 4, 2012, the name stone was supplied with KRW 1,904,00 of the market price owned by the victim company.”

Accordingly, the defendant obtained a total of KRW 10,140,00 (including value-added tax) from the victim company on five occasions, and acquired it by fraud by being supplied with landscape stone equivalent to KRW 11,154,00.

Summary of Evidence

1. The defendant's legal statement; 1.1.