A defendant shall be punished by imprisonment for six 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

The Defendant is a person who operates a clothing production plant in the name of “D” in Gangnam-gu Seoul Metropolitan Government.

Since February 2016, the Defendant assumed the obligation to pay approximately KRW 100 million, the Defendant spent approximately KRW 100-20 million interest per month. From September 2016, there was accumulated accumulated factors, such as the supply of normal clothes, and the accumulation of stocks, etc. without profits, there was no intention or ability to pay the original amount even if the Defendant is supplied.

Nevertheless, around November 4, 2016, the Defendant made a false statement to the victim “F office operated by the victim B in Dongdaemun-gu Seoul Metropolitan Government,” stating that “The Defendant would pay the purchase price for each month on which he/she would make a letter of order.”

The Defendant, as seen above, did not pay the amount at all even though he received from the victim by deceiving the victim as above, from November 4, 2016 to January 2, 2017, the sum of the market price of KRW 14,240,000 in the total of 40 times as shown in the list of crimes in the attached Table from November 4, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Complaint;

1. A report of investigation (e.g., preparation of a list of offenses);

1. Application of Acts and subordinate statutes to data on settlement and copies of the statement of transactions;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Articles 25(1) and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and Sentence of Provisional Execution Sentence are as follows: (a) the Defendant recognized the instant crime and reflects his mistake; (b) the Defendant did not have any criminal records exceeding the same kind of fine; (c) the Defendant did not recover from damage at all; and (d) the sentencing conditions under Article 51 of the Criminal Act as indicated in the record are considered.