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

The Defendant operated the “D Company” in Gangdong-gu Seoul Metropolitan Government Special Joint Sales Chain Co., Ltd., and received wood supply from F, the victim E, the representative director of which is the victim E, from around 2007.

On January 3, 2014, the Defendant issued a promissory note (New Bank G) to supply the victim with a number of KRW 3,712,00,000, which is equivalent to 3,712,000, and made payment by March 13, 2014 at the above D Company office.

However, at the time of fact, the Defendant had a new bank loan obligation of KRW 440 million and a monetary obligation of KRW 420 million to be paid to other businesses, and was delinquent in national taxes of KRW 40 million due to the financial deterioration of the said DD company, and was under the situation of selling goods supplied by one company due to the financial deterioration of the said DD company and paying the price for the goods of another company with the said money, so even if the said timber was supplied by the victim, the Defendant did not have any intent or ability to pay the said price within a given period.

As such, the Defendant, by deceiving the victim, received timber equivalent to KRW 3,712,00 at the market price of KRW 3,712,00 from the victim around January 3, 2014, and obtained the supply of timber equivalent to KRW 223,852,170 on a total of 71 occasions from around that time to April 15, 2014, as shown in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Director of the Customer;

1. Application of statutes on business registration certificates;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of recommendations] is the case where the mitigation area (10 million won or more, and less than 500 million won) is mitigated (10 to February 6) [the case where a person subject to special mitigation] or a considerable part of damage is recovered [the decision of sentence].