A defendant shall be punished by imprisonment for six 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 is a person who operates the “C”, which is a business entity collecting land in the Gyeonggi-gu Seoul Metropolitan Government B.

Around August 2007, the Defendant introduced the Victim F (35 years of age) who operates a compressed plant with the trade name “E” from D, and agreed to provide the victim with an advance payment.

However, at the time, the Defendant was supplied to other companies and could not collect more than the supplied amount, so there was no circumstance to adjust the transaction relations and immediately supply the goods to the business that the victim operated. Since the advance payment received from the victim was not used for the return of advance payment to the existing business entity and was thought to be used for personal purposes, there was no intention or ability to supply the goods even if receiving advance payment from the victim.

Nevertheless, on August 28, 2007, the Defendant by deception and received 30 million won as advance payment from the victim to the Agricultural Cooperative Account in the name of G on August 28, 2007.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes on the loan certificate;

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

1. It is so decided as per Disposition for not less than Article 62(1) of the Criminal Act (including the fact that the victim is not punished, the fact that there is no particular kind of criminal records, and the fact that the crime is recognized and repented).