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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On November 7, 2011, the Defendant made a false statement that “On June 30, 201, the Defendant would pay the cost of parts (8 August 10) by the 10th day following the following month, if our company starts construction upon receiving an order for construction of fire extinguishing systems and supplies parts, at the office of (State) C located in Seongbuk-gu, Manam-si, Manam-si.”
However, the fact that the defendant was operated at the time was about KRW 190,000,000,000 for bank loan obligations, and the employee's monthly wage, bank interest, office monthly income, and tax accountant's book keeping service did not have any intent or ability to pay the normal cost of parts even if he was supplied from the injured party due to the aggravation of financial status.
Nevertheless, on November 7, 2011, the Defendant was provided with parts of the fire-fighting equipment equivalent to KRW 3,676,750 at the market price from the victim’s victim’s representative director E by deceiving the victim’s representative director E and received the parts of the fire-fighting equipment in the same way from around that time to March 14, 2012, including the part of the fire-fighting equipment at the market price of KRW 20,320,630 in the same way as the previous crime sight table (1) in the same way from around that time.
2. On September 13, 2012, the Defendant made a false statement to the representative director E at the office of the victim D Co., Ltd., Ltd. (F of Guro-gu Seoul Metropolitan Government and 4130) on August 2012, 201, stating, “The Defendant would pay the cost of parts as the completion of the construction work if the parts were supplied.”
However, the fact that the defendant operated as described in paragraph 1 does not have any intention or ability to pay the cost of parts normally even if he is supplied from the injured party due to the aggravation of financial status.
Nevertheless, the defendant deceiving the representative director E of the victim on September 13, 2012 and received from the victim on or around September 13, 2012 the part of the fire-fighting equipment amounting to KRW 2,246,200.