A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On April 19, 2016, the Defendant appealed to the Daejeon District Court for a suspended sentence of two years in the period of imprisonment for fraud in October, 2016, and is still pending in the appellate trial.

[2] The Defendant, at the end of May 2015, calls to the victim C representative D and pays the face value of the delivery of H-BEM to cash by the end of July 2015.

“A false representation was made.”

However, the Defendant did not have any particular property, and the Defendant’s management E did not have any intent or ability to pay the amount normally even if the Defendant received the said amount from the injured party, such as having kept records of the enemy from the beginning of 2015, and having been liable for the outstanding amount equivalent to KRW 50 million against the customer at the time of the delivery of the H-BAM, as seen above, such as having sold the outstanding amount, and having paid the outstanding amount to the injured party, or having used it to pay the outstanding amount to other transaction parties and financial institutions.

On June 3, 2015, the Defendant, by deceiving the victim company, received delivery of H-BEM 25,240 g, 26,727 g on June 5, 2015, and 26,273 g on June 30, 2015, and received delivery of KRW 55,829,84 H-BEM 78,240 g on a total of three occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Copy of the police statement made to D;

1. Responses requesting cooperation in investigation;

1. Inquiries into credit information and replies to data for taxation of local taxes;

1. A criminal investigation report (Submission of material to the complainant), and a criminal investigation report (a copy of the suspect interrogation protocol);

1. Previous convictions in judgment: Application of investigation reports (Presentation of suspect's separate judgment)-related Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] General Frauds No. 1 (less than 100 million won) (one month to one year) is mitigated (a person with special mitigation) (a person with special mitigation).