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

Punishment of the crime

On February 1, 2012, the Defendant entered into a contract for the supply of materials with E, which is a material supplier, such as the etrop, operated by the victim D, and took part in the process of participating as a material and human resources supply service provider in the “F” of the L&C Co., Ltd and the “G”). From February 10, 2012 to June 12, 2012, the Defendant supplied the victim with materials, such as 82,376,00 won in total at the market price over 11 occasions from the damaged to June 12, 2012.

On August 24, 2012, the Defendant issued an order to the victim for materials by inserting and using materials supplied by the damaged person at the “G” site located in Young-do H in Young-gun, Young-gu, Seoul Special Metropolitan City.

However, at that time, the Defendant had attempted to immediately dispose of the materials supplied by the injured party at the intermittent value and use the sales proceeds as personnel expenses, and did not intend to use the said materials at the above construction site.

As above, the Defendant: (a) by deceiving the victim; (b) received from the injured party one thousand and three hundred and thirty thousand won from the injured party, one thousand and four hundred and seventy (470) pumps from the same day; and (c) issued seven hundred and seventy (780,000 won from August 27, 2012.

Summary of Evidence

1. Each legal statement of witness I and D;

1. Application of Acts and subordinate statutes on a contract for temporary installment sales, lease price table, transaction specification table, execution participant's agreement, corporate register, statement of settlement of accounts, statement of settlement of accounts, unit price table, each claim transaction statement, delivery increase and receipt certificate, each agreement, detailed statement of transaction details, total quantity adjustment, detailed statement of transaction, books of pre-payment, shareholders' list, standard contract, contract of contract, agreement of construction participation, transaction statement, investigation report (assessment of market price of materials), market price calculation table;

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

1. The former part of Article 37 of the Criminal Code, and Article 38.