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

On May 3, 2011, the Defendant supplied the victim Co., Ltd with the victim C, operated in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, with the 38,00,000,000 won, “The Defendant would be supplied to the victim with the agricultural machinery, such as the original beer of New Ireland, and the rice straw, which is well rounded in the thring of 38,000,000 won. At present, the Defendant sold the remainder on the day of the down payment by dividing the amount of KRW 10,000,000 into July 201, 201, and KRW 10,000,000,000 on September 15, 2011, the remainder after delivery of the machinery on October 15, 201, and the remainder KRW 8,000,000,000,000,000.”

However, the facts are that the "E" operated by the defendant is poor in the financial deterioration due to the rapid increase in the exchange rate of the 3 years prior to the rapid increase in the above three-year period, and there was no particular revenue, and the defendant was filed a petition that did not pay approximately KRW 40 million of the total wage of two employees, and the loan exceeding KRW 300 million of the financial right was overdue, and even if the defendant was not able to use the funds as operating expenses of the party office on July 4, 201, such as filing an application for personal rehabilitation on July 4, 201, he did not have any intent or ability to supply the above machinery to the victim.

As such, the Defendant, by deceiving the victim as such, entered into a sales contract with the victim in its original form, and transferred KRW 10 million as the down payment on the day, as the down payment, KRW 10 million as the first balance on June 28, 201, and KRW 10 million as the second balance on August 31, 201, respectively, to the Agricultural Cooperative (F) account in the name of the Defendant, respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. A complaint, a sales contract;

1. Application of Acts and subordinate statutes of each investigation report;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

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

1. Order of community service under Article 62-2 of the Criminal Act;