A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The Defendant stated, around May 2, 2012, “D” operated by the Defendant in Jongno-gu Seoul Metropolitan Government, that “D will pay the price to the victim Co., Ltd. to the victim Co., Ltd.’s personnel under the name and influence of Amera, who supplied the blood test site and sold it within three months after selling it.”

However, in fact, the Defendant had a debt of approximately KRW 268,810,000 around that time, and had a very serious management situation around April 2, 2012, and there was no intention or ability to pay the price even if the Defendant was supplied with the goods from the victim company.

Nevertheless, the Defendant deceptioned the victim company as above and was supplied by the victim company with the test site equivalent to KRW 254,786,400 from around July 2, 2013 to around July 2, 2013, and paid only KRW 155,39,200, which is part of the price, to the victim company, and did not pay the amount equivalent to KRW 99,387,200, which is equivalent to the same amount.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes governing attempted sales, certificates of performance of repayment, bankruptcy and exemption by customer;

1. Reasons for sentencing under Article 347 (1) of the Criminal Act of the relevant Article of the Criminal Act for the crime [the scope of recommending punishment] and the basic area (6 months to one hundred million won) (6 months and one year and six months) of the type of general fraud (the scope of recommending punishment] (the special person who has been sentenced to imprisonment)