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 became final and conclusive.

Punishment of the crime

The Defendant operated the textile distribution business with the trade name “D” in Spocheon-si, and the victim E is operating the fiber distribution business with the trade name “G” on the second floor of the F Building in Dongducheon-si.

1. On October 2, 2015, the Defendant supplied the victim with the “dumbing 10,017 YE” 10,017 gate to the victim at the above “G office,” and would pay the victim KRW 37,463,580 after one month.

“The phrase “ was false.”

However, the defendant did not have the intent or ability to pay the original amount after one month even if he received the original amount as above.

The Defendant, as above, was issued 10,017 out of the warehouse of the aforementioned “D” located at H on October 7, 2015 from the victim of the injury by deceiving the victim and deceiving the victim, and received 37,463,580 won from the victim of the injury.

2. On November 2, 2015, the Defendant paid KRW 54,417,00,00, including the outstanding amount of KRW 37,463,580, before the end of December 2, 2015, by providing the victim with additional supply of “dumbing 4,533 amps” to the victim at the above “G office.”

“The phrase “ was false.”

However, the defendant did not have any intent or ability to pay the original amount even if he received the original amount as above.

The Defendant: (a) by deceiving the victim as above; and (b) issued 16,953,420 won from the said “D” warehouse located in Spocheon-si, Spocheon-si on November 30, 2015 to the victim of the damage; (c) received 4,533 cump duming 16,953,420 won from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E (Recognition of credibility in light of the details, consistency, attitude of statement, details, etc. of each written statement on payment);

1. Detailed statement and statement on delivery;

1. Two cases of electronic tax invoices;

1. Application of the respective legislation of payment

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentence of a punishment by law;