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

On August 16, 2012, the Defendant entered into a contract with the victim D to deliver large-scale compacting products at once at the office of the Defendant’s operation located in Gosung-gun, Gyeongnam-do. The Defendant falsely concluded that “Serop will be paid in cash immediately after receiving payment from the original company by supplying synthetic resin, which is the raw material for production.”

However, at the time, the Defendant was liable for the debt amounting to 1.3 billion won, and there was no particular revenue due to the difficulties in the management of the said company. On August 13, 2012, even if the Defendant filed an application for individual rehabilitation and received the payment from the customer, the Defendant did not voluntarily pay it to the victim without the permission of the court, and thus, there was no intention or ability to pay the payment even if the victim was supplied with synthetic resin

The Defendant, as above, by deceiving the victim, was supplied with 6 tons of synthetic resin (EPS GN 20) equivalent to 14.520,000 won around August 17, 2012 by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to accusation, contract for supply of goods, tax invoice, and receipt certificate;

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 (i.e., confession, reflectivity, the defendant has no specific criminal records, in addition to the previous conviction of a fine for a long time, and the circumstances, etc. of the occurrence of this case);