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

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

Punishment of the crime

From January 24, 1997, the Defendant operated a “D” company that mainly engages in the gas and sprinking-type manufacturing business in Busan-gu, U.S., and the victim E is a person who, from February 18, 2010, operates a G corporation mainly engaged in the manufacture and sale of water treatment chemicals and the sale of chemical medicine in Gyeongnam Kimhae-gu.

On October 2014, the Defendant displayed the anticipated sales data of gas towers that the Defendant received from the Defendant, a principal contractor, at the foregoing D office. The Defendant concluded a gas valve processing contract between the Defendant and the victim, stating that “the Defendant shall supply the product of a gas tower and receive the payment from H in accordance with the normal order order of H, and that “the Defendant shall supply the product of a gas tower to H” as if the contract was already concluded. The Defendant concluded a gas valve processing contract between the victim and the victim, stating that “the damaged person processes and supplies the gas valve parts, and the Defendant would pay the goods to the victim on the condition that the Defendant would receive the payment from H, a final supplier, and that the Defendant would pay the goods to the victim.” The Defendant installed two parts of the processed machine at the Defendant’s factory.

However, the Defendant did not have issued a normal order from H on October 2014, and concluded a contract with H to supply gas towers and receive the price for the goods. Therefore, the Defendant did not have any intent or ability to pay the price for the goods to the victim upon receiving the payment from H, which did not have concluded a supply contract even if the two processed machinery was installed in the Defendant’s factory, and the gas valve parts were manufactured and supplied.

On October 24, 2014, the Defendant had the victim purchase one compurced shower equivalent to the market price of 4,070,000 from I on October 24, 201, and on October 25, 2014, the Defendant purchased the CNC wire machinery equivalent to the market price of 129,80,000 won from T, and installed in the above D, and one half of the line machinery installed in the Defendant’s factory.