A defendant shall be punished by imprisonment for a term of one year and two months.

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

Punishment of the crime

The defendant is the representative director of D which operates a business of importing electricity and machinery parts, and the victim E is a Japanese person who engages in the wholesale and retail business of machinery parts in Japan and China.

Even if the defendant received the price of the goods from the victim, the defendant thought that the price of the goods delivered with no intention or ability to supply the machinery parts was to be used for the purpose of the existing debt repayment and living expenses.

Nevertheless, the defendant's past February 26, 2014 for the same year.

3.4.Around April, the victim made a false statement to the effect that “I would supply parts of the machinery at a Japanese unit price if there are low machinery parts of KRW 173,509,987 for the victim to transfer the price of the goods.”

Defendant for the same year

3.12. The victims received 92,507,372 Won from the victims to the new bank account in the name of D, and received 51,621,32 won and 29,831,293 won from the new bank account in the name of Defendant on the same day.

Accordingly, the defendant deceivings the victim and 173,509,987 won in total over three times.

Summary of Evidence

1. Defendant's legal statement;

1. The entry of the accused into each statement of the E and F in the second examination protocol of the prosecution;

1. Each police statement concerning E and F;

1. Application of Acts and subordinate statutes to a report on investigation (Presentation of Materials by a complainant);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Fraud (at least KRW 100,000, below KRW 500,000) [10,000] mitigation area (at least 100,000 won to 50,000] [Special Mitigation] mitigation area (at least 100,000 to 206 months], or where considerable damage was recovered [decision of sentence], although there is little good character of crime, there is a smooth agreement with the victim, the fact that there is no same power, the fact that there is against the crime during the prison life, the defendant's home environment, other circumstances as shown in the arguments of this case