1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant was a person who operated the “D” mainly for the purpose of manufacturing the gold-type of automobile parts in Busan-gu, and the Victim New Industry Co., Ltd., which was supplied with the superscopic parts, was the principal customer.

On July 31, 2014, the Defendant made a false statement to the effect that “The Defendant would pay the victim’s staff E with the continued supply of parts.”

However, since the defendant suffering from severe illness with D operation, it is gradually difficult to operate the company, so that the outstanding amount for the victim has been about KRW 78 million, and there was no fund to pay for the purchase price of goods to the victim, and there was no clear plan for the company's liabilities in the future. Since the company's liabilities have reached the amount equivalent to KRW 390,000,00,000, there was no intention or ability to pay for the payment as agreed upon by the victim, even if the parts have been continuously supplied by the victim.

To the extent that the defendant's defense right is not infringed and the identity of the facts charged is recognized, the facts charged was written.

As such, the Defendant, by deceiving the victim, was supplied with parts equivalent to KRW 9,680,352 at the market price from the victim, and obtained the price by deception from around that time to December 25, 2014, the Defendant did not receive a total of KRW 39,312,075, and did not pay the price.

Summary of Evidence

1. Legal statement of witness E;

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

1. Application of the Acts and subordinate statutes on each statement protocol to E;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommending punishment / [the scope of recommending punishment] the reduction area (one month to one year) of the type 1 (less than KRW 100 million) (the special mitigated person] of the mitigation area, or the act of deception.