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 this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who is engaged in meal service business with the trade name of “C” located in the Busan metropolitan area B, and the victim D is a person who engages in food material supply business with the trade name of “F” in the Busan metropolitan transportation Daegu E market.

On June 24, 2017, the Defendant stated to the effect that “the Defendant would pay food materials after payment is made if it is supplied with food materials necessary to operate the restaurant called “H” from the plane captain-gun G.”

However, at the time of fact, the Defendant had no intention or ability to pay the price of the goods as agreed upon even if he received food materials from the victim, such as the amount of delinquent taxes and overdue rents, without any property in bad credit, and the amount of debts, such as overdue rents, etc., up to about 44.5 million won.

The Defendant, by deceiving the victim as above and deceiving him from the victim to September 28, 2017, obtained a total of KRW 25,240,345, as shown in the list of offenses, from the victim, and did not pay the same amount, thereby acquiring pecuniary benefits equivalent to that amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to each Customer Director and each order sheet;

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

1. The sentence shall be determined as stated in the Disposition, considering all circumstances, such as the fact that the reason for sentencing under Article 62(1) of the Criminal Act is deemed to have been committed intentionally with willful misconduct, the defendant appears to reflect his attitude, and some of the circumstances appear to be taken into account in the course of the crime;