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

On August 12, 2009, the defendant, at the D Factory Office operated by the defendant in Seo-gu Incheon, Seo-gu, Incheon, issued the victim E with a closed vinyl for one year.

However, the defendant had no intention or ability to supply waste vinyl continuously to the victim even if he/she received the deposit, because he/she had installed the compressed machine at the time to be subject to administrative disposition, and has experienced operational difficulties such as having not given employees' wages.

As such, the Defendant received a total of KRW 16.5 million from the victim, on August 12, 2009, by receiving KRW 13.5 million from the victim, such as receiving each transfer of KRW 3 million to the said account under the name of the Defendant as an advance payment, on or around September 4, 2009, under the name of the Defendant, as if the Defendant were to supply the waste vinyl as above, from the victim, and acquiring pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Inspection of the results of transfer, certificate of confirmation, and cash custody certificate;

1. Application of Acts and subordinate statutes to investigation reports (report on the filing of details of withdrawals), investigation reports (report on the filing of copies of summary orders);

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Da140