A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

1. On August 19, 2015, the Defendant was sentenced to six months of imprisonment for fraud at the Changwon District Court on November 6, 2015, and the said judgment became final and conclusive on November 6, 2015.

2. Around August 2013, the Defendant stated that “The Defendant would immediately settle the price upon the delivery by cutting off the iron plates necessary for the manufacture of a ship to the victim at the E office of the victim’s D operation in Kimhae-si, Kimhae-si.”

However, the facts are as follows: (a) the Defendant, at the time of Kimhae-si, operated the "G" manufacturing company of the shipbuilding machinery and equipment located in Kimhae-si; (b) the Defendant was liable for the overdue wages of employees and overdue factory rents, etc.; and (c) was liable for obligations to other business parties; and (d) was supplied to H after manufacturing the shipbuilding machinery and equipment using the steel plate supplied by the victim; and (c) even if the Defendant received the payment, the Defendant did not have any intent or ability to pay the amount of the steel purchase to the victim, since there was a clear situation as to whether the aforementioned shipbuilding machinery and equipment would incur considerable expenses such as personnel expenses.

As above, from around September 10, 2013 to around September 10, 2013, the Defendant, by deceiving the victim as above, was supplied with iron plates equivalent to KRW 1,328,540 for a total of six occasions from around that time, equivalent to KRW 22,70 for a total of KRW 1,653,430 for a total of KRW 3,830 for a third vehicle, equivalent to KRW 3,830 for a fourth vehicle, equivalent to KRW 3,830 for a fourth vehicle, and KRW 8,145,170 for a fifth vehicle, and KRW 15,563,110 for a total of KRW 15,563,190 for a second vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A criminal investigation report (related to submission of data by a complainant);

1. A copy of statement of transactions;

1. Previous convictions in judgment: Application of the defendant's legal statement and investigation report (verification of suspect inspection room)-related Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The sentencing criteria are the reasons for sentencing under Article 62(1) of the Criminal Act, and they are concurrent crimes under the latter part of Article 37 of the Criminal Act.