A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 8, 2010, the Defendant made a false statement to the effect that “The Defendant would pay KRW 33,000,000,00,00,00, including surtax, to the E Co., Ltd., if he/she produced and supplied trading equipment to the E Co., Ltd. in G office in G office of the victim D’s management (State) in G office located in Glcheon-gun, G, G, Inc., for the production and delivery of intermediary equipment from E Co., Ltd.”

However, the defendant, at the time, was in bad credit standing amounting to 69 million won, the amount of personal debt amounting to 41 million won and the amount of company operation expenses, etc., and the victim had to manufacture and supply equipment to E Co., Ltd. and use it as company operation expenses, etc., even if he received the manufacturing cost from E Co., Ltd., he had no intent or ability to pay the cost of manufacturing and supplying equipment to the victim, such as the agreement.

The Defendant had the victim produce and deliver one of trading equipment equivalent to KRW 33,000,000 for production costs to E Co., Ltd., thereby acquiring a considerable pecuniary profit.

Summary of Evidence

1. Defendant's legal statement;

1. Second round of the suspect examination of the accused (including D substitute part);

1. Statement of data submitted by the complainant and details of transactions by account;

1. Application of Acts and subordinate statutes to a report on investigation (a counter investigation by the head of the H division of the E company);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing of Article 32(1)3 and (2) and Article 25(3)4 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of Dismissal of Application for Compensation (this order has become final and conclusive, and it is not reasonable to issue an order for compensation in criminal proceedings because the defendant was fully reimbursed the amount of damage from the defendant) [Determination of type] below KRW 100 million in general fraud [Special Convict] - Reduction element: Reduction range of reduction range (decision of recommendation range).