A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On July 18, 2013, the Defendant entered into a contract with the victim E to sell 4.18 tons of FRP vessel (F) at KRW 36 million between the Defendant and the Defendant’s Defendant’s 'D’ operated by the Defendant in Goung-gun, Goung-gun on July 18, 2013, and agreed to receive the remainder of KRW 10 million on the day and receive the payment on July 31, 2013, and deliver the said vessel at KRW 2.9 tons.

However, in fact, it is not possible to load the above ship with 2.9 tons within 14 days because it takes more than one month, and such excessive ton was not a normal allocation of ship. In addition, the defendant did not engage in any particular operation for ton, and the defendant did not have any intention or ability to load the ship on the fixed date as above, because there was no limit of the cost of repair of the ship for ton by using all other ship payments obligations from the victim and vessel repair personnel expenses obligations.

On July 18, 2013, the Defendant, by deceiving the victim as above, received KRW 26 million from the victim as the contract deposit for ship sale and purchase on July 18, 2013.

Summary of Evidence

Application of the defendant's legal statement, E's prosecutor's statement, sales contract, and cash custody certificate statute

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

2. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration to the agreement with the victim, and to the fact that the health is not good due to cerebral typhical legacy);