A defendant shall be punished by imprisonment for six 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

The defendant is a person who actually operates E, a sales agent of the modern mother automobile parts in Dongdaemun-gu Seoul Metropolitan Government, and the victim (State)F is a company that purchases and exports automobile parts to a domestic automobile company agency and exports them to a foreign country.

1. On January 27, 2012, the Defendant received an order from the employees G of the said victim’s company to purchase modern mother car parts from the said E office, and deceiving the said G that “one million won is to purchase the automobile parts listed in the main text for advance payment, within two months.”

However, in fact, if the Defendant did not pay the amount equivalent to KRW 120 million at the time, the above E was in default, and since the Defendant’s personal obligation was also equivalent to KRW 60 million, the Defendant did not have any intent or ability to perform the order of the victim since he did not receive advance payment from the victim company.

Nevertheless, the Defendant, by deceiving the above G, received KRW 10 million from the victim company as the national bank account in the above name on the same day.

2. On February 7, 2012, the Defendant, despite having no intent or ability to perform the order of the victim company even if he received advance payments from the victim company due to the foregoing circumstances at the above E office on February 7, 2012, by deceiving the victim company that “it is necessary to purchase the parts of the automobile that ordered the above order because it is necessary to additionally pay 10 million won,” and by deceiving the victim company to obtain KRW 10 million from the victim company to the national bank account in the above D on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of witness D;

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

1. Some statements concerning D in the police interrogation protocol;

1. The statement concerning H in the second police interrogation protocol against the accused;

1. G. G.