A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 21, 2018, the Defendant called “A” to the victim B by telephone at a place where it is impossible to identify a place below Busan, and “A” was awarded a contract for the purchase of ship diesel engine parts to be supplied to D by participating in the bidding ordered by the Daejeon Regional Procurement Service, which is operated by C, and the price of the goods will be paid in full before the delivery on the face of the week after the supply of the above ship parts to D.”

However, in fact, the Defendant participated in the government-funded construction tender, and continuously reported the deficit, and at the same time, the fixed project cost spent each month exceeds net income, and thus, it was considerably difficult to operate the business since November 2018. Since around April 2017, the Defendant was operating the business with the so-called “fluencing” type, such as lending money from a bank as collateral for a bid contract, repaying the existing debt, and repaying the above loan with the price for the goods received from the bidder, so even if the victim supplied the vessel parts to D, there was no intent or ability to pay the price for the goods as agreed upon.

On December 5, 2018, the Defendant, by deceiving the victim as above, had the victim deliver vessel parts equivalent to KRW 91,569,500 to D, and acquired property profits equivalent to the same amount due to the failure to pay the amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Detailed inquiry, detailed statement of transactions, electronic tax invoices, photograph of message closures, details of loans for public purchase, account statements in the name of the suspect business operator, credit information history, and application of statutes on the goods contract;

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

1. The age, environment, and character and conduct criminal records and fines of the defendant for the reason of sentencing under Article 62(1) of the Criminal Act;