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 became final and conclusive.

(e).

Punishment of the crime

The Defendant, as a person who operates semiconductor equipment manufacturing company (main owner)D, and from early 2009 when the obligation was accumulated, and around early 2010, the Defendant had no intent or ability to pay the amount properly even if he received the service from the subcontractor or supplied the parts, because the contract deposit, etc. received from the trader was used to pay the existing obligation and the wage for the employees of the company was in excess of the obligation without any income.

1. On January 2010, the Defendant: (a) requested the Victim K, who operates painting at the (ju) D office located in Sungsung-si, to carry out the painting work with respect to the seal work on the four set, which is a semiconductor device, to be supplied to the LG Electronic wave plant; and (b) for the same year, the Defendant requested the Victim K to carry out the painting work on the four set, which is a

3. 1. Around March 201, the victim made a false statement to the effect that “The payment will be made not later than April 5, 2010 on the face of the week following the completion of the 4th printing work.”

However, the Defendant did not have any intent or ability to pay the price within the agreed period, even if the Defendant was provided with painting work services from the victim as above.

Nevertheless, the Defendant: (a) by deceiving the victim as above and being provided with painting work services for the said fourth period from the victim until the end of March 2010, the Defendant did not pay KRW 70,180,000 to the victim; and (b) obtained pecuniary benefits equivalent to the same amount.

2. Around February 2010, the Defendant against the victim M made a false statement to the effect that “The Defendant would deliver parts of semiconductor equipment, such as the consortium labeling and lifts, to the victim M who operates the (main) N of the parts manufacturing business in the (main) D office in Sungsung-si, the Defendant would pay the price from the end of April 2010.”

However, in fact, the Defendant was in excess of the above obligation, and even if he received the above parts from the victim, the amount is paid.