A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

Around 11:00 on March 11, 2016, the Defendant made a false statement to the effect that “The Defendant would immediately pay the price for supply from the F Company if he/she produced and supplied the “afterm” as a part of contact with the F Company, the original business entity,” to the victim E.

However, the facts are that the Defendant’s company is operating properly from around 2014, and the financial status is not good. At the time of entering into a contract with the victim, the Defendant already bears approximately KRW 1.5 billion obligations to financial institutions and other transaction parties at the time of entering into a contract with the victim. As such, the Defendant received the price for supply from the F company and attempted to pay the price to other transaction parties and use it as employees’ wages, there was no intention or ability to pay the price for supply to the victim even if the aforementioned parts are supplied from the victim.

On April 10, 2016, the Defendant was supplied with the above parts equivalent to KRW 16,720,000 at the market price.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the electronic tax invoice and account transaction details under the name of a suspect;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., that the defendant repents and reflects his mistake, that the defendant has not been punished in addition to the fine, that he has no previous conviction in the same kind, and that he has no good health);