A defendant shall be punished by imprisonment for six 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 operates the "C" of a mobile phone hosting company in Geumcheon-gu Seoul Metropolitan Government under the name of the wife D.

Around December 2011, the Defendant made a false statement to the victim E at the above “C” place of business stating that “I would make a settlement subsequent to the month of delivery of paints.”

However, in fact, the above “C” was in the state of operation of the enemy after 2008, and in particular, around 500 million won was caused by the deficit in 201, and the payment for the goods was insufficient. The Defendant did not pay approximately KRW 520 million and did not pay various taxes, such as value-added tax, and was unable to pay wages to employees, so there was no intention or ability to pay the price normally even if he received the paint from the victim.

Ultimately, the Defendant, as such, by deceiving the victim as such, received commission equivalent to KRW 4,3615,550,00 from December 2, 2011 to March 2012 (the phrase “ around March 201,” as indicated in the indictment, is apparent that the phrase “ around March 201,” is a clerical error in the letter of indictment) from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning suspect examination of D;

1. Statement of the police statement of E;

1. Monthly sales ledger and electronic tax invoices;

1. Certificate of closure;

1. Application of Acts and subordinate statutes, such as a certificate of fact and a tax demand receipt;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [Application of Sentencing Criteria] : The range of sentencing recommended under Category 1 (less than 100 million won) among the general fraud in 01 : fraud: from one year to one year (limited to mitigation) - Where a person engaged in special sentencing intentionally commits a deceitful act: A person who has no equivalent matter: A general person who has no equivalent matter - a person engaged in special sentencing - a person who has no equivalent matter: A person who has no equivalent matter - a person who has paid some amount of goods in excess of a fine.