A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

The Defendant entered the name of the company in accordance with the protocol of mediation (Evidence No. 122 of the Evidence Record) submitted by the Defendant Co., Ltd. in Gwangju Mine-gu. A person operating a fertilizer wholesale and retail company in the trade name was aware of the victim E, a high school of private village students and students, through D around June 2016.

On July 2016, the Defendant, at the office of the said agricultural company C Co., Ltd., Ltd., the Defendant stated that “The Defendant supplied agricultural chemicals, fertilizers, etc. to the golf clubs located at the port of inland port. In the future, the agricultural chemicals company did not trade and attempted to trade only the golf clubs that are well-known in paying money. As funds are insufficient to import agricultural chemicals, fertilizers, etc. to be supplied to the golf clubs, the Defendant would be repaid only in the amount of KRW 30 million.”

However, in fact, the Defendant was not in a state of having entered into a contract to supply to the golf course located in the port at the time, and the Defendant was thought to use the money borrowed from the victim as Defendant’s personal debt repayment, living expenses, etc., and the said agricultural company did not pay KRW 1.60 million at the time, and did not have any intent or ability to pay the money even if it borrowed the money from the victim because it was in a hostile state, such as failing to pay the employee’s benefits and failing to pay the insurance premium.

The Defendant, as such, by deceiving the victim, received KRW 30 million from the victim around July 28, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of the Acts and subordinate statutes to the details of withdrawals, various books, and the results of the entry and departure transactions and the inquiry;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. There is no history of punishment exceeding the same kind of power and fine under Article 62(1) of the Criminal Code, and the victim does not want the punishment of the defendant by repaying the amount of 20 million won out of the amount of fraud, and the rest of the money is also in the future.