A defendant shall be punished by imprisonment for four 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

The defendant is a person who is engaged in a building business under the trade name of Seosan City B. C.

From the end of July 2016, the Defendant made a false statement to the victim D by telephone to the effect that “The Defendant will complete construction work and deposit the price of construction materials within one month from the delivery of construction materials to C’s construction site in which it is operated at home.”

However, in fact, the Defendant paid the construction price in a way to prevent it from returning, and the said worker’s wage was not paid in time, and there was no intention or ability to pay the price even if the Defendant received the construction price from the victim because of economic circumstances such as the personal debt amounting to KRW 10 million.

Nevertheless, the Defendant, as seen above, was issued building materials equivalent to KRW 19,071,140 at the market price over 39 times from July 26, 2016 to October 21, 2016, including that the Defendant, by deceiving the victim and received building materials equivalent to KRW 34,700 at the market price around July 26, 2016 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The electronic tax invoice, the balance sheet, and the statement of transactions made by the police with D;

1. Information on a suspect, and response to bank data on financial transactions;

1. Application of Acts and subordinate statutes, such as civil judgment, non-prosecution decision and reasons, summary order, written opinion, suspect interrogation protocol, copy of the decision on non-prosecution, etc.;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The punishment shall be determined in the same way as the disposition is comprehensively taking into account the following factors: the reason for obtaining the punishment under Article 62 (1) of the Criminal Act; the amount of damage; the degree of damage recovery; the fact that the victim has agreed with the victim; and the age, character and conduct, environment