A defendant shall be punished by imprisonment for six 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

On November 2018, the Defendant made a false statement to the effect that “E industry would have been awarded a contract to another business entity.” The Defendant would allow the subcontractor to take over the paint supplied to the existing subcontractor, and pay the paint price within 60 days after the issuance of the tax invoice at the end of the month, if the page is supplied additionally.”

However, the Defendant has the amount of KRW 10 million in arrears and personal debts of KRW 100 million, and there is a need to pay KRW 90 million or more per month as C operating expenses, but there is no particular property, and there is no intention or ability to pay the amount of the royalties to the victim because there is no performance of construction work that can pay the amount of the royalties.

The Defendant, by deceiving the victim so, received paints and dilution equivalent to KRW 5,874,50 of the market price from the victim, and continued to receive dilution materials equivalent to KRW 980,100 of the market price around November 29, 2018, and received 3,469,400 of the market price around December 14, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to accusations, electronic tax invoices, text messages, details of text messages, detailed statements of transactions, investigation reports (Attachment to F replys), investigation reports (Attachment to data, such as construction contract and service contract), investigation reports (Binding of transaction details in the accounts of new banks in the name of the G);

1. Relevant Articles of the Criminal Act and the choice of punishment concerning the facts constituting the crime: Article 347 (1) of the Criminal Act, the choice of imprisonment;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order of community service: The reason for sentencing under Article 62-2 of the Criminal Act;

1. The scope of recommendation types according to the sentencing criteria shall be the basic area of less than 100 million won, six months through one year and six months;

2. Despite the fact that a person was punished for a crime of the same kind as the sentence was rendered, the person did not recover from the damage.

(b).