A defendant shall be punished by imprisonment for one year.

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 a person who operates the LAD.

On May 12, 2017, the Defendant, in the Daegu-gu Office of the Dispute Resolution, has made a list of contracts concluded by the Dispute Resolution Co., Ltd. with the victim F who operates the Dispute Resolution Co., Ltd., and entered into several proposals with the Dispute Resolution Co., Ltd., and the following month's price shall be paid.

In order to supply them to customers, there is a lack of money to purchase materials and raw materials, so that the amount of 209,000,000 won per par value issued by the Dispute Settlement Bank D shall be paid on June 30, 2017 at a discount of 209,00,000 won.

The phrase “ makes a false statement.”

However, in fact, the defendant did not pay a bill by the due date of the bill issued in the name of the Dispute Resolution Co., Ltd. and had the intent to use the bill in the payment of the bill. While the debt of the Dispute Resolution Co., Ltd reaches about 14.4 billion won, the property owned by the Dispute Resolution Co., Ltd is about 8 billion won, and even if the outstanding amount of the Dispute Resolution Co., Ltd is paid from the damaged person, there was no intention or ability to pay about 209,000,000 won on June 30, 2017, even if he received the money from the damaged person.

As above, the Defendant: (a) by deceiving the victim; and (b) delivered KRW 200,000,000 to the injured party on May 15, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G, H and F;

1. An investigation report (Attachment of list of debts submitted by a suspect);

1. Making a decision, inquiry of details of settlement, inquiry of details of transaction, verification of a non-disclosure table, and application of Acts and subordinate statutes on credit-related data;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence is that the amount of damage caused by the instant crime is considerable to 200 million won, etc. that is disadvantageous to the Defendant.

On the other hand, the fact that the defendant was committed in the course of committing the instant crime, there are circumstances to consider the background leading to the instant crime, the agreement with the victim, and the primary crime are factors favorable to the defendant.

In addition, the defendant's age, sex, environment, and motive, background, and means of committing the crime.