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

The Defendant is the actual operator of the E Co., Ltd., who received sewage from D Co., Ltd., a supply of and demand for “C Business,” which is the supply of and demand for “C Business,” which is implemented by Gyeongnam-gun Office.

On September 12, 2012, the Defendant made a false statement to the victim G at the construction site of the foregoing project located in the Gyeong-gun F, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, stating that “If the Defendant supplies piping materials at the construction site, the price shall be paid at the end of the following month.”

However, in fact, the Defendant was running the above construction work with no personal property at the time, and the amount received from the contractor was insufficient to pay the material price or the wages of other material business operators, so there was no intention or ability to pay the price normally even if he received the piping material from the damaged person.

The Defendant: (a) by deceiving the victim as above; and (b) supplied piping materials equivalent to the total market value of KRW 31,584,774 from January 7, 2013 to the date of the damage.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

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

1. Application of Acts and subordinate statutes concerning filing of a complaint, specifications of transactions and tax invoices;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act (agreement) of the suspended execution;

1. Reference to the sentencing criteria for fraud [the scope of the recommended punishment] General Frauds Type 1 (less than KRW 100 million) and the mitigation area (one month-one year-one year-one year-year imprisonment] (a person subject to special sentencing]

2. Determination of sentence has the same criminal history as the accused who denies criminal intent, but the agreement with the victim is reached, there is no serious criminal history, and other factors such as the age of the accused, the circumstances of the crime, etc.