A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is the representative of the (State)G, a machinery manufacturer in Ansan-si F.

Victim H is a person who operates J, which is a manufacturer of joint-use machinery in the Nowon-gu Seoul Special Metropolitan City, Nowon-gu I.

On March 12, 2015, the Defendant: (a) received a request from the injured party for the manufacture of horizontal weather machinery from the GG office; (b) received the request from the injured party for the manufacture of horizontal weather machinery; and (c) received a false statement from the injured party on March 12, 2015, to the effect that “the Defendant would first manufacture and supply the said machinery by April 13, 2015,” and (d) received a letter from the injured party on March 12, 2015.

However, at the time of receiving a request for the manufacture of machinery, the GG did not have any equipment necessary for the manufacture of the above machinery, and the Defendant thought that the money that the Defendant received from the injured party as the price for the machinery would be used for the manufacture of other machinery that was requested by the Defendant from the high-speed transmission, and thus, there was no intention or ability to manufacture and supply the above machinery by the due date.

On April 16, 2015, the Defendant: (a) by deceiving the victim; (b) received KRW 29.7 million from the victim of the damage; and (c) received the delivery of KRW 29.7 million as the mechanical price in horizontal weather.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. Application of Acts and subordinate statutes to inquire into the origin of an order or details of deposit transactions;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is to recognize and reflect the wrongness of the defendant.

For the victim, 1,700 won was deposited.

There is no criminal record exceeding a fine and there is no record of the same crime.

In addition, all the sentencing conditions shown in the records and theories of this case, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, shall be determined as ordered by considering the following factors.