A defendant shall be punished by imprisonment for not more than ten 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

[criminal record] On June 24, 2010, the Defendant was sentenced to a suspended sentence of two years for a period of six months of imprisonment due to fraud, etc. at the port branch of the Daegu District Court, and the said judgment became final and conclusive on July 2, 2010.

[2] Around March 7, 2008, the Defendant stated to the effect that “The Defendant, at the office of the victim corporation D, located in Yong-gun, Chungcheongnam-gun, Kim Young-gun, Inc., a business entity of the victim, installed the facilities of G farming association from the F in Young-gun, Young-gun, and that “The payment will be made at the end of each month after supplying necessary ready-mixeds.”

However, the Defendant reported about KRW 140,000,000 to the Plaintiff with respect to the construction of the above G G farming association, due to the increase of raw materials cost, etc., and was unable to pay approximately KRW 130,000,000 to the previous electricity and steel companies, etc., and thus, there was no intention or ability to pay the price normally even if the Plaintiff received the container from the injured party.

On March 8, 2008, the Defendant: (a) by deceiving the above E, was supplied with a total of KRW 31,682,00,00, total of KRW 511,00,00, 31,00,000, from the victim of the damage.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Statement made by the police for E;

1. Each investigation report (in cases of attaching a contract for work, etc., listening to statements by a witness H phone), investigation report (in cases of the same type of criminal records and the attachment of judgment);

1. A complaint;

1. Previous convictions: The results of inquiry into criminal history data, investigation reports (in cases of attaching a copy, etc. of the text of the judgment), summary order, and the application of statutes governing the original sentence;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The crime of this case is committed before the judgment and the Criminal Act.