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 September 2, 2015, the Defendant received a request from the victim E for the manufacture of Lear Products at the office of the company D (hereinafter referred to as “D”) located in the Gyeongbuk-gun, Gyeongbuk-gun, around 15:00 on September 2, 2015, to make it possible for the Defendant to produce Lear Products in a large quantity by modifying the facilities and equipment.

“The purpose of “ was to make a false statement.”

However, at the time, the Defendant had been in excess of his/her obligation, such as having a debt worth of KRW 3 billion at the time, and did not properly provide his/her employees with the benefits for the establishment of the main equipment that can only be operated by a specialized company, and even if he/she received money from the injured party, he/she did not request the repair to F (repair) for the repair, he/she did not have the intent and ability to supply the refeit product requested by the victim by modifying the equipment

Nevertheless, the defendant obtained 30 million won from the injured party and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each protocol of statement with respect to G and H;

1. The investigation report (A on the particulars of disbursement of down payment)

1. The assertion and judgment of the defendant and his defense counsel as to the complaint and the attached documents

1. The defendant alleged that he received KRW 30 million from the injured party at the initial cost to manufacture a prototype, etc., and used the above money for the original purpose. The defendant did not have the intention of deception or deception.

In addition, in order for the injured party to change the package method in the form of the cupped package, and the defendant to manufacture the product, the injured party can not perform the consignment manufacturing and supply contract because it did not harm it.

2. The criminal intent of defraudation, which is a subjective constituent element of the judgment of fraud, is an objective situation such as the defendant's financial history before and after the crime, environment, contents of the crime, and the process of transaction, unless the defendant is led to confession.