A defendant shall be punished by imprisonment for not less than eight 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 operating the “C” as a machine sales chain, and D is a representative director of the Victim E Co., Ltd., a food manufacturing and sales chain.

On September 11, 2014, the Defendant made a false statement to the effect that “The Defendant would install high-water production machinery in the E office, a stock company, from October 11, 2014 to October 11, 2014,” to the above E director G.

However, in fact, the defendant was scheduled to use the above price for the management fund of the company and the fine payment of the defendant. At the time, the defendant was in arrears with tax of about 6.80 million won, and the loan liability was over 35 million won, and there was no other way to prepare funds for the installation of heavy and high-water production machinery due to the aggravation of the operation of the above C, and there was no intention or ability to install it even if it was paid from the above victim.

As such, the Defendant, by deceiving the above G, received KRW 30 million from the victim corporation as the price for the installation of heavy-water production machinery, around September 12, 2014. On October 2014, the Defendant acquired the total amount of KRW 40 million from the delivery of heavy-water machinery equivalent to KRW 10 million around October 2014.

Summary of Evidence

1. Entry of a defendant in part in the protocol of second public trial;

1. Each statement of the witness G, H and D in the eight-time public trial records;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officer in G;

1. Statement made by the police with regard to D (including H part of the statement);

1. Each police statement made to H and I;

1. Certificates of cash custody;

1. A certificate of confirmation of mechanical installation contracts, mechanical transaction contracts, and transaction details;

1. A fact-finding certificate;

1. Application of the Acts and subordinate statutes notifying the cancellation of a sales contract;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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

1. Determination on the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Code of the Social Service Order

1. The summary of the claim.