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 engages in the distribution brokerage of medical devices without the name of the business operator. On April 2017, the Defendant knew to the victim C who engages in the wholesale and retail business of the same medical device, and used the victim in the warehouse with the victim's operation in Daejeon Seo-gu, Daejeon, for the purpose of operating the victim.

The purpose of this paper is to provide me with equipment under the name of the four business operators, and to suggest that the me will receive the cost of opening business.

However, the Defendant, at the time, discontinued the business that had already been operated around June 2016 due to the aggravation of business, and accumulated a debt equivalent to KRW 400 million, such as taxes in arrears worth KRW 320 million, so even if the Defendant received medical equipment from the injured party, he did not have the ability to pay the cost, and even if he received the medical device from the supplied company, he did not intend to pay it to the injured party.

On June 30, 2017, the Defendant had the victim deliver an amount equivalent to 34,769,000 won of the total sum of 14 items, such as medical appliances, to the above Esanbu and F7,702 of the 7th floor in Seo-gu, Seo-gu, Chungcheongnam-gu, Seoul, Seoul, and the above Esanbu, as indicated in the attached medical device list, and did not receive the payment from the victim in full.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the suspect of the accused;

1. Statement made by the police against C;

1. A list of supply, a statement of transaction, and a statement of account transaction of the criminal defendant who is the criminal defendant [the criminal defendant contests the criminal intent of defraudation, but bears a tax liability of 300 million won or more as a business failure, and even if the supply was already received in advance on April 27, 2017 and June 17, 2017, prior to the completion of the supply, he/she used the price for supply of 14 items for personal expenses and expenses of the criminal defendant.