A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On February 1, 2012, at the D office operated by the Defendant located in Eunpyeong-gu Seoul Metropolitan Government, the Defendant made a false statement to the effect that “The Defendant is responsible for the installation of the multi-household construction site to be newly built in F, and the Defendant supplied the high-class boiler No. 4, E. The Defendant supplied the high-class boiler. The price will be paid within 10-15 days after the delivery.”

However, in fact, the Defendant did not have any intention or ability to pay the price even if he was supplied with boiler from the victim because the Defendant did not pay the tax amount equivalent to KRW 20 million at the time, and the amount of the material price liability exceeds KRW 30 million.

On February 7, 2012, the Defendant, by deceiving the victim as such, received a delivery of the amount equivalent to KRW 18,682,80 from the victim, of the boiler 28 and parts, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Examination protocol of the accused by prosecution;

1. The defendant asserts that there is no criminal intent by deception because he/she was capable of performing his/her duties because he/she was well aware of the boiler installation business at the time of 2012, and the defendant was capable of receiving approximately KRW 50 million for additional construction cost from F. Therefore, the defendant's prosecutor's office stated that "at the time he/she was supplied with the boiler of this case, the amount of materials and personnel expenses was equivalent to KRW 40 million, and there was considerable difficulty in business because he/she was in arrears with the tax amount of KRW 20 million, and therefore, if he/she received the boiler construction cost, it is naturally difficult for the victim to pay the construction cost to the victim, and that he/she was unable to give money to other materials than the labor cost, and that there was a special agreement with F to not recognize additional construction work on the boiler installation contract with F. Therefore, the above argument is not accepted."

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Election of Imprisonment;