A defendant shall be punished by imprisonment for not less than eight 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

1. On August 11, 2007, the criminal defendant against the victim B made a false call to the victim B who operated C and made a false statement to the victim B that “When the original body is insufficient to export the original body to a heavy dong, the defendant would make the payment immediately after the shipment is completed.”

However, the Defendant had no particular import at the time and had already been in excess of the obligation (the Defendant Company incurred a loss of 1 billion won around May 2007, and the overdue wage to the employees of the said company was equivalent to 1.60 million won) and did not have any intent or ability to pay the price even if he received the original payment from the victim.

Nevertheless, the Defendant supplied the victim with 12,821,90 18,317 kms at the market price of KRW 12,821,90, and used the proceeds sold by the Defendant for the payment of corporate public charges, etc., and continued contact with the victim.

Accordingly, the defendant was given property by deceiving the victim.

2. Around August 24, 2007, the Defendant made a false statement to the victim D, who operated the Co., Ltd. E, a stock company, stating that “The Defendant would supply the victim D with his/her home seat and process them to receive good prices from other companies and sell them and offset them against the credit amount that may arise from transactions with E in the future.”

However, the Defendant had no particular income at the time and had already been in excess of the obligation (the Defendant Company incurred a loss equivalent to 1 billion won around May 2007, and the overdue wage to the employees of the said company was equivalent to 1.60 million won) and did not have any intent or ability to pay the amount to the victim due to the circumstances in which it was unable to normally operate the company.

Nevertheless, the Defendant supplied the victim with 45,329 kings, which amounted to 39,889,520 won at the market price, and sold the above original company to the detetex, Inc. to use the price for the payment of corporate public charges, etc., and continued contact with the victim.

Accordingly, the defendant is the victim.