A defendant shall be punished by imprisonment for not less than eight 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

The Defendant is a person who operated “B” as a telecommunications equipment sales chain from May 2, 2001 to April 30, 2017.

On August 8, 2016, at the office of the victim E Co., Ltd. (hereinafter “victim Co., Ltd.”) operated by D in the third floor of Yongsan-gu Seoul Metropolitan City C building, the Defendant falsely told D, the representative of the victim Co., Ltd. (hereinafter “victim Co., Ltd.”) that “I would pay the price without electricity after being supplied. I would like to sell and pay the price with no electricity supplied in the lives of supply. In addition, I would like to believe that there is an outstanding amount of 15 million won at the Guro-gu shopping district and thus, I would like to believe and trade in trust.”

However, in fact, the Defendant had already applied for individual rehabilitation due to a large amount of debt in around 2014, and there was no intention or ability to pay the price properly even if it was supplied by the victim company, because of the aggravation of the financial situation, in order to raise funds more rapidly due to the difficult financial situation in the situation where transactions with the existing trading company have been interrupted.

Nevertheless, the Defendant deceptioned the victim company as above and supplied 72 portable electricity, etc. equivalent to KRW 6,645,00 from the victim company to the point of time until January 23, 2017, from around 13 times, the Defendant received 364 portable electricity, etc. equivalent to KRW 42,352,50, as indicated in the crime list from January 23, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Police investigation report ( telephone conversations between the F Company and G Company);

1. A copy of the complaint filed by D and the statement of transactions (attached to 13 copies);

1. Application of Acts and subordinate statutes to the text of adjudication of bankruptcy, details of transactions, outstanding amounts, and details of account transactions issued at tax offices;

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