A defendant shall be punished by imprisonment with prison labor for up to 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.

Punishment of the crime

On November 21, 2014, the Defendant was sentenced to a suspended sentence of 10 months of imprisonment for fraud at the Busan District Court, and the sentence became final and conclusive on November 29, 2014.

피고인은 부산 금정구 C, 3 층에 있는 주식회사 D( 이하 ‘D’ 이라 한다) 의 대표자였고, E는 섬유 원사( 原絲) 제조업체인 피해자 주식회사 F( 이하 ‘ 피해 회사 ’라고 한다) 의 대표자이다.

In February 2013, before the above sentence becomes final and conclusive, the defendant is a company that is the defendant to find a new customer in the D office of February 2013, and if our company is a competitive corporation that has a lot of clients, it will pay the total amount of the price of the delivered goods in cash in the following month.

“......”

However, at that time, D did not have the ability or intent to pay the price even if it is supplied by the injured company because it is not adequate to maintain its financial status, such as that it bears a loan obligation of approximately KRW 80 million.

The Defendant received from the victimized Company, from April 2013 to November 2013, 2013, 153,394,780 won out of the price, from which the Defendant received from the victimized Company the fiber yarn (the amount equivalent to KRW 197,902,950) and acquired the pecuniary profit by not paying KRW 153,394,780.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement with respect to G;

1. Application Form;

1. Previous convictions: Inquiry of criminal history, reporting of the previous convictions and reporting of the results thereof, and applying the statutes of the judgment;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation, the principle of equity should be taken into account when a judgment is rendered concurrently with the crime in which the judgment became final and conclusive, the damage was partially recovered, the title of enforcement and personal security was provided, and the victim did not want punishment by cancelling the complaint.