A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

[criminal record] On March 20, 2013, the Defendant was sentenced to 10 months of imprisonment with prison labor for a violation of the Illegal Check Control Act, 2 years of suspended sentence, and the above judgment became final and conclusive on July 28, 2013 by the Daejeon District Court, and on July 26, 2013, the same year was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and for a suspended sentence

8.3 The above judgment was finalized.

[2] The defendant is a person who actually operated the above company as the representative director of the corporation (hereinafter referred to as the "C") C.

C On March 17, 2009, the General Electricity Co., Ltd. (hereinafter “General Electricity”) entered into a contract on the supply of goods with the content of “D” electrical construction and fire fighting in the field of the project ordered by the Korea Land and Housing Corporation (hereinafter “D”) on August 23, 201 and the victim Co., Ltd. (hereinafter “victim Co., Ltd”) to supply the equipment needed for the fire fighting works to C, and the supply price to be paid on a monthly basis.

However, at the time of fact, the Defendant’s operation C was difficult to manage the fire-fighting materials with the construction economy from October 2010, and the Defendant was also liable to pay the loan amount of about one billion won. As such, the Defendant did not have any intent or ability to pay the above payment even if he was supplied with the fire-fighting materials by the victim company.

Nevertheless, the Defendant, as seen above, received the amount equivalent to KRW 362,878,809 from the victim company to October 31, 2011, and acquired the said amount from the victim company to the victim company from August 23, 2011.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the witness F, G, H, I, or J's testimony or protocol of public trial;

1. A complaint, a contract for supply of goods, details of supply of goods, electronic tax invoice, process deed, a decision of the Daejeon District Court, a case of a claim for pre-paid installments, written judgment, C transaction ledger, and a certified copy of the register;

1. Investigation report (related to the place of payment for the gold bullion);

1. Previous convictions: Inquiry into criminal history and investigation reports (the judgment of suspended execution);