A defendant shall be punished by imprisonment for a period of five months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On May 10, 2010, the Defendant made a false statement stating that “D” in the Defendant’s operation “D” in the business of the Defendant in the business of Gyeonggi-si Co., Ltd., would provide the victim E with the powder from the process of manufacturing for one year. D with the advance payment, the amount of KRW 10 million would be changed. If the volume of the powder metal brought for one year is less than the advance payment, the period will be extended by one year.”

However, even if the defendant receives advance payment from the victim, the defendant did not have the intention or ability to provide the withdrawal.

The Defendant, by deceiving the victim as such, received KRW 10 million from the victim as the advance payment on the same day.

2. On October 2010, the Defendant made a false statement to the above victim “D” that the Defendant would have to purchase the machinery to be used in the factory. Since a lot of powders are produced when using the machinery to purchase the machinery, it would have left a lot of profit by again collecting the scrap metal. The Defendant made a false statement to the effect that the Defendant would faithfully repay the said victim KRW 2-3 million from the month after one month including the advance payment already received, and KRW 10 million from one month to three million.

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

As above, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim around the 20th day of the same month, KRW 4 million around the 11th day of the same year, KRW 5 million around the 18th day of the same month, and KRW 23.4 million in total as the borrowed money around December 9 of the same year, and KRW 4.4 million around the 4.4 million around the same year.

Accordingly, the defendant was given property worth KRW 33.4 million by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on details of arrears and credit information inquiry;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is the fact that the defendant repaid 5 million won to the victim and the same records.