A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is called “C” between small and medium manufacturers, and is a person mediating transactions of products, machinery, equipment, etc. produced by small and medium business operators.

On January 2009, the Defendant made a false statement to the manufacturer of synthetic resin with the trade name “F (Gu -G)” operated by the victim E in Ansan-si, the Defendant, “If the Defendant transferred Hantech processed synthetic resin, he would sell it to the ex-factory and remit the proceeds, including the raw material value and processing fees,” to the victim.

However, even if the synthetic resin was supplied to the customer, there was no intention or ability to pay the price to the victim.

The Defendant received synthetic resin from the injured party (i.e., receiving synthetic resin from the injured party, etc.) in total amounting to KRW 34,554,700 from May 18, 2010, and sold it to the customer, but did not pay the amount.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to the fourth public trial protocol (the legal statement of witness E);

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

1. Determination as to the Defendant’s assertion under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 2006Da14488, Apr. 2

1. The defendant did not have the intention to commit the crime of defraudation.

The argument is asserted.

2. In light of the following circumstances recognized by the records of the instant case, there was a criminal intent to obtain the Defendant by deceptive fraud.

It is reasonable to view it.

① From around 1998, the Defendant did not have financial capability in performing the instant transaction with bad credit standing.

(2) Since the victim is a person without self-sufficiency in paying the value of the raw materials on behalf of the defendant and receiving the cost for the processing of the raw materials, the defendant shall make a payment from the customer.