A defendant shall be punished by imprisonment for six 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

The Defendant is a person who engages in food material distribution business with the trade name of “C” in the Boan-si, and the Defendant’s office of “F” company of the victim E’s operation in Cheongan-gun, Chungcheongnam-gun, Chungcheongnam-do around the beginning of August 2016, the Defendant is a clean object that has a house located in Eunpyeong-gu Seoul Metropolitan Government with the market price of KRW 250 million owned by the Defendant, which is equivalent to KRW 250 million.

On the 22th of the same month, a person who provided a collateral security on the foregoing house as “F” was set up a maximum amount of KRW 150,000,000,000 for a claim amounting to KRW 150,000,000.

However, in fact, the above house had priority over the deposit money of 235 million won with the opposing power that was confirmed as of April 29, 2016, and the defendant was also aware of the fact, and the defendant did not have any intention or ability to pay the payment of the red-water powder normally, which was supplied to the injured party on credit due to bad economic situation at the time.

On August 25, 2016, the Defendant: (a) by deceiving the victim; and (b) received the delivery of four tons in total at the market price of KRW 36 million from the victim; and (c) received the delivery of four tons in total from the victim.

Summary of Evidence

1. Each legal statement of the witness E, witness G, witness H, and witness I;

1. Part concerning E and H in the protocol of interrogation of the suspect against the defendant

1. Copy of the protocol concerning the examination of suspect to the J; and

1. Each police statement protocol with respect to E and G;

1. Complaint;

1. A detailed statement of transactions and a certificate of complete payment;

1. Investigation report (Submission of suspect's reference materials (statement of deposit transaction, copy of real estate transaction contract, etc.), detailed statement of transaction, transaction contract, lease contract, lease contract, and establishment contract of right to collateral security;

1. Status of granting a fixed date and application of the Acts and subordinate statutes on a lease contract;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The instant case’s reason for sentencing under Article 62-2 of the Criminal Act of the community service order.