A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

Around October 31, 2012, the Defendant made a false statement to the victim E by the D company operated by the Defendant in the Gungjin-gun, Chungcheongnam-do, that “The Defendant may supply the ancillary distribution to a nuclear power plant for the next ten years. On the face of the delivery, the supply price will be approved at around 10th of the following month. If the supply price is not known, the Defendant would make a request immediately to the nuclear power plant.”

However, the defendant did not have the intention or ability to pay the price even if he is supplied with the goods, such as distributing the goods by the victim.

피고인은 이에 속은 피해자부터 같은 날 시가 560만 원 상당의 부직포 5톤, 같은 해 11. 2.경 시가 77만 원 상당의 통빽 200장, 같은 달 23.경 시가 13,229,920원 상당의 천막, 로프 등 합계 21,616,452원(부가가치세 포함) 상당의 물품을 교부받았다.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement of the police statement of E;

1. A complaint filed by E;

1. Investigation reports (D&S telephone confirmation cases), and application of Acts and subordinate statutes to investigation reports ( telephone conversations cases filed by a complainant);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. From six months to six months from one year and six months from the scope of imprisonment set forth in the sentencing criteria (any of the following factors shall be added and mitigated from among fraud, basic areas, and special persons who are less than KRW 100 million);

2. In general, a person who has no elements to increase or reduce punishment: No such factors as increase or decrease;

3. Criteria for suspension of execution;

(a) Major positive factors: A considerably small scale of substantial damage;

(b) Major adverse factors: Unagreement;

(c) General positive factors: A person who has no record of suspended sentence or heavier;

(d) Reasons for general negative consideration: No effort to recover damage;

4. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for two years, community service hours for 80 hours.