A defendant shall be punished by imprisonment for six months.

except that 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

On April 27, 2017, the Defendant made a false statement to the victim C, “I would make a discount on bills,” which was known to the branch of the party branch in Gangnam-gu Seoul, through the introduction of the branch of the party branch in exchange for the trade name in Gangnam-gu, Seoul, that “I will make a payment to the customer on the face of the electronic bill equivalent to KRW 98 million, and pay the cash of KRW 49 million after September 15, 2017, and pay the balance of KRW 49 million on September 15, 2017, which is the due date of the electronic bill.”

However, the fact was that the victim received an electronic bill in an amount equivalent to KRW 98 million from the victim, and was thought to pay it as a settlement amount for the separate fraudulent cases accused by D, and there was no intention or ability to deliver 98 million won in cash to the victim with the discount of the electronic bill.

The Defendant received from the victim an electronic bill in the name of E, the spouse of the said D, in the amount of KRW 98 million.

Accordingly, the Defendant was issued an electronic bill equivalent to KRW 98 million by deceiving the victim.

Summary of Evidence

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to endorsement information inquiry of electronic bills, investigation reports (to the possessor of an electronic bill with D), investigation reports (related to non-submission of suspect data), investigation reports (to telephone conversations with F and D), investigation reports (the verification of related cases committed by a suspect A), non-prosecutions, etc., investigation reports (to the victim C's statement hearing), investigation reports (to the victim's complaint), investigation reports (to the victim's complaint), investigation reports (to the victim's statement hearing) (to the witness's statement hearing);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., the grounds for sentencing) is that the electronic bill of this case is not received by the issuer or endorser due to the failure of the issuer or endorser to deposit in the due date; that the victim is unable to receive the bill; that there is no particular criminal punishment except for the defendant being punished once by a fine; that is, the defendant's age, character and conduct, environment