A defendant shall be punished by imprisonment for four 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

From early 2009, the Defendant: (a) was a person operating semiconductor equipment manufacturing company 'D' and the obligation of the Defendant was accumulated due to the shortage of funds from early 2009; and (b) around early 2010, the Defendant was in excess of the obligation, such as the down payment, etc. that was paid by the transaction company for the payment of the existing obligation and the normal payment of wages to the employees of the company. Therefore, even if the parts are supplied by the subcontractor, the Defendant did not have any intent or ability to pay the said amount in accordance with the agreement.

On February 2, 2010, the Defendant made a false statement to the effect that “When the Defendant supplied parts necessary for the manufacture of semiconductor equipment to the victim G, which processed and supplied parts necessary for the manufacture of semiconductor equipment,” the Defendant would settle the price on the last day of each month and settle the payment on the last day of the following month.”

However, the Defendant did not have the intent or ability to pay the price in accordance with the agreement even if he received parts from the victim, because the Defendant was in excess of the obligation as above.

Nevertheless, the Defendant, as seen above, by deceiving the victim, received from the victim the supply of semiconductor equipment components equivalent to KRW 40,700,000, and KRW 3,811,500, around April 2010.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Payment note, tax invoice, and real estate register;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of data for electronic return of value-added tax), investigation reports (Attachment of summary order of cases violating the Labor Standards Act);

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act of the suspended execution [the decision of type] is less than KRW 100 million in general fraud [the special person] - The mitigated element is the case where the act of deception was committed intentionally or the degree of deception is weak.