A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Punishment of the crime

On December 2, 2013, the Defendant ordered the manufacture of parts C by shipping companies located in Samsung Heavy Industries at Samsung Heavy Industries, and requested the manufacture of parts 20,460,000 won to the victim Masung Co., Ltd. and requested the manufacture of these parts.

Accordingly, even though the victim completed the manufacture of parts around February 10, 2014, but failed to obtain approval of the drawings from the Korea Marine Structure Inspection Company, the Defendant immediately requested the price of the parts to be supplied in advance after obtaining approval of the drawings, and received KRW 26 million from B as the price for the manufacture of parts around February 20, 2014, and immediately used the parts in full as personal debt immediately thereafter, the Defendant received the price for the parts to be supplied from the victim who believed that he would receive approval of the drawings, and received the instant parts supplied by the victim who believed that the Defendant would receive the price for the goods to be supplied after obtaining approval of the drawings.

As above, the Defendant had a debt equivalent to approximately KRW 400 million at the time, and required to pay consolation money and money to the divorced wife as living expenses. The Defendant did not have any other contract except this case’s contract, and there was no intent or ability to pay the price of the goods even if the goods were supplied with the approval of the drawings of the parts of this case.

Nevertheless, the Defendant, by deceiving the victim as above, did not pay the above amount despite having been supplied with the above parts on May 23, 2014 (the date of issuance of the statement of account, June 5, 2014), thereby acquiring property benefits equivalent to KRW 20,460,000 as the price for the above goods.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including D substitute statements);

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to electronic tax invoices, estimates, and estimates related to the final settlement of accounts, customer ledger, order sheet, e-mail 3, and NV inspection report;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;