A defendant shall be punished by imprisonment for not less than eight 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

The defendant is the representative of F, who took over the new construction of factories in Gyeongnam-gun B, C, D, and E, and the victim G is a corporation that mainly engages in the manufacture and sale of ready-mixed and concrete products.

On February 2, 2015, the Defendant concluded that “The Defendant would make a payment in cash prior to the end of March 2015, when supplying ready-mixed” to H, a business employee of the said victim company, at the construction site.

However, as the Defendant received and proceeded with the above construction without any particular property, there was no fund to pay the price of ready-mixed until the end of March 2015, and there was no delay in the payment of construction cost, such as personnel expenses, in addition to the price of ready-mixed, and whether the Defendant is able to receive a loan even after the completion of construction, such as the establishment of a right to collateral security in the construction site, is unclear, and there was no intention or ability to pay the price of ready-mixed.

As above, the Defendant, by deceiving the victim, received from the victim the delivery of ready-mixeds worth KRW 1,312,080 at the market price around February 6, 2015, and obtained the delivery of ready-mixeds worth KRW 42,384,430 at a total of 11 times from around that time to April 15, 2015, as indicated in the attached crime list.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness I and each legal statement of the J;

1. The police statement of H;

1. Application of the Acts and subordinate statutes of the head of accusation, ready-mixed documents and sales office;

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

1. Although there is a same record of sentencing under Article 62(1) of the Criminal Act on the grounds of suspended sentence, the sentence shall be determined as ordered in consideration of the fact that the defendant agreed with the victim, the details and contents of the case, and the circumstances after the crime.