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

On August 24, 2011, the Defendant issued an order to the victim E through D, as if he would immediately pay the price for the steel bars, at the apartment construction site in Busan-gu B, and if he supplied two steel bars at the same construction site, he would immediately pay the price. However, the Defendant did not have the intent or ability to immediately pay the price for the steel bars to the victim.

As such, the Defendant, by deceiving the victim, was supplied approximately 54 tons of steel bars equivalent to the market value of 45,546,480 won by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each interrogation protocol of D;

1. Statement of E;

1. Application of Acts and subordinate statutes to accusations, copies of acceptance certificates, complainants;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. The execution of the sentence under Article 62(1) of the Act on the Suspension of Execution is suspended considering the following: (a) the reason for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] general fraud [the scope of recommending punishment] that there is no basic area (6 to 100 million won) (6 to 16 months) [the decision of sentencing] [the amount of damage [the decision of sentencing] part of the amount of damage is deemed to have been repaid to the victim through D; (b) the amount of