A defendant shall be punished by imprisonment for six months.

However, 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 February 2, 2015, the Defendant made a false statement to the victim “D” office operated by the victim C in the Seocho-si, Seocho-si, 2015, that the Defendant would pay to the victim on the last day of the following month after the delivery of bedclothes materials for internal factory construction.

However, in fact, the Defendant had no choice but to pay the victim with the sales proceeds after the Defendant processed and sold materials. However, at the time of the business operation, there was an unstable situation as to whether the Defendant would be able to pay sales proceeds to the victim even if he received a considerable amount of materials from the victim at the early stage of the business, and there was no intention or ability to pay the amount to the victim even if he received the materials from the victim, since there was a lack of business performance equivalent to KRW 1 million to KRW 2.7 million, and there was a lack of business prospects.

Nevertheless, the Defendant received 12,100,000 won from the victim on February 12, 2015, and 13,860,000 won on February 12, 2015, and KRW 18,480,000 on February 26, 2015, around March 27, 2015, and acquired a total amount of KRW 12,10,000 on March 27, 2015, and KRW 2,355,210 on March 28, 2015, on a total of five occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. C Complaints;

1. Application of Acts and subordinate statutes to investigation reports (Analysis of accounting data, such as financial statements), investigation reports (Attachment to credit inquiry), each business registration certificate, specifications of transactions, electronic tax invoices, investigation reports (Attachment to details of suspect's account transactions);

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant recognized his mistake and did not repeat the crime, and that some of the amount obtained by the defendant (30 million won) was remitted to the bank account in the name of the victim in the instant trial, and that the health situation is not good.