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

The defendant is a person engaged in a construction business related to the construction of a panel warehouse, and the victim B is a person who operates C.

On March 3, 2016, the Defendant made a false statement to the victim in the above C, which was located in Namyang-si, Namyang-si, Da, and 1st century, stating that “The construction of a new warehouse shall be carried out, and the settlement shall be carried out immediately after each construction work is completed.”

However, as above, the Defendant did not have any intent or ability to settle the construction price even if the new warehouse construction work is completed and the construction price is paid from the owner.

As such, the Defendant, by deceiving the victim, was supplied with goods equivalent to KRW 11,898,700 from March 16, 2016 to May 24, 2017 by the victim, thereby gaining pecuniary benefits equivalent to the same amount as the Defendant did not pay the said amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. The police statement concerning B;

1. A complaint;

1. Application of Acts and subordinate statutes to the details of transactions, investigation report (Presentation of Materials by Complainant), statement of daily trading, statement of trading, statement of trading, tax invoice, investigation report (verification of amount of damage);

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

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal conditions favorable to the defendant among the reasons for the suspension of execution);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months; and

2. As to the decision of sentence, the fact that the damage has not been recovered even until the date of the decision of sentence, the fact that the victim has not received a letter or reached an agreement is disadvantageous to the defendant

In addition, the fact that the defendant recognized his mistake and reflects, there is no record of punishment for the same kind of crime.