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

[Judgment of the court below] Around June 2018, the Defendant, a building company, was contracted with C for a new construction of D warehouse building in Seocho-gu Seoul Special Metropolitan City, Seo-gu, Seowon-gu, Seoul Special Metropolitan City, to perform the construction work.

On September 12, 2018, the Defendant entered into a contract with the employee E of the Victim E Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”) to supply ready-mixeds at the same construction site on condition of advance payment, and around that time, the Defendant paid KRW 13,721,400 to the Victim Co., Ltd. on September 28, 2018, stating that “The pre-payment is difficult and the pre-payment is to be made within the city that first delivered ready-mixeds, and that the pre-payment is to be made within the city that led to the first delivery of ready-mixeds.” The Defendant paid KRW 13,721,400 to the Victim Co., Ltd. on September 19, 2018.

【Criminal Facts】

On October 2018, the Defendant did not have any special property other than the outstanding amount which was recovered at the time, and the construction cost that the owner of the construction of the new warehouse received from the owner of the construction of the new warehouse was insufficient to meet the construction cost, and some of them were required to pay for living expenses, etc., so there was no intention or ability to pay the price in time according to the promise even if he was supplied with ready-mixed by the victim company.

Nevertheless, the Defendant, as above, made a false statement to F that it is believed that the price for the first ready-mixed delivery will be settled normally in the future, and that F would be settled normally in the future, on October 2018, 201, the Defendant did not pay the sum of KRW 55 Rabs in total on three occasions (386,760,00,000) on October 14, 2018 (price 9,702,00,000) from the victim company on February 41, 201 of the same year (price 28,482,30,000), and the Defendant did not pay KRW 385 Rabs (price 386,760,00) on March 13, 13, 2011.

Accordingly, the defendant deceivings the employee F of the victimized company, thereby doing so from the victimized company.