A defendant shall be punished by imprisonment for not more than ten months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

A. The lower court found the Defendant guilty of the instant facts charged on the ground that the Defendant had the intent and ability to pay the price at the time of trading with E Co., Ltd. (hereinafter “E”), and thus, did not induce F to supply raw materials to customers by deceiving F. However, the lower court convicted the Defendant of the instant facts charged.

B. The sentence of the lower court’s improper sentencing (two years of suspended sentence for one year of imprisonment) is too unreasonable.

2. Determination

A. According to the records of this case’s judgment ex officio, the Defendant was sentenced to two years of suspension of execution on October 23, 2015 to a crime of violating the Illegal Check Control Act at the Seoul Western District Court on June 2015, and the judgment became final and conclusive on March 14, 2016. Thus, the Defendant’s crime and the violation of the Illegal Check Control Act, which became final and conclusive on March 14, 2016, should be sentenced to punishment for each crime of the judgment of the court below in consideration of equity in the case where the Defendant is concurrently tried to render a judgment pursuant to Article 39(1) of the Criminal Act, and in this respect, the judgment of the court below cannot be maintained.

Nevertheless, the defendant's assertion of mistake of facts is still subject to the judgment of this court, and this is examined below.

B. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, the Defendant may recognize the fact that the Defendant was supplied with iron plates by making a false statement as stated in the facts constituting a crime in the lower judgment, even though he was aware of the fact that the Defendant could not pay the goods at the time of receiving the steel plates, etc. from the injured party in cash after the month of receiving the steel plates,

(1) The Defendant, who is a substantial operator of D (hereinafter referred to as “D”) starting transactions with E, shall pay the price for goods to the victim F by the end of the following month after receiving a steel plate supplied to the victim F.