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

The Defendant: (a) around August 6, 2015, entered into a contract with the said victim in the FF Co., Ltd. office operated by the victim E located in Seocho-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu to manufacture and supply the said victim G to 50 million won for two months; and (b) received 15 million won as the down payment from tin.

On September 2015, the Defendant manufactured the body and parts of the machinery until the mid-2015, and had been in the remaining state of the strawing process and the assembly process after the strawing process, but did not proceed due to the aggravation of financial conditions.

Nevertheless, the Defendant asked whether the victim, whose delivery date is urgently needed due to the sudden breakdown of machinery, will at any time deliver the above money by telephone to the Defendant around October 26, 2015, and in fact, considered the above money to be used for the payment of monthly pay to the employees. However, it was false that the Defendant would supply the machinery at a rapid time at an intermediate payment of KRW 15 million.

The victim immediately remitted 15 million won to the defendant online.

Accordingly, the defendant deceivings the victim, thereby deceiving 15 million won.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of prosecutorial statement concerning E;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the decision on the types of punishment] 1 (less than KRW 100 million] - In a case where a person commits a fraudulent act not exceeding KRW 100 million in the mitigation element or in a case where a person commits a fraudulent act with a weak degree of deception, the case where a person committed a fraudulent act with no penalty or with a weak degree of deception [the decision on the recommended area] special mitigation [the scope of punishment] from January to one year / [the scope of punishment] applicable provisions of Acts: Article 347 of the Criminal Act; Article 347 of the Criminal Act; Article 1-10 of the statutory punishment [the extent of suspended sentence] - The principal reasons for the fraudulent act