1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Punishment of the crime

[Criminal record] On September 23, 2015, the Defendant was sentenced to a suspended sentence of one year of imprisonment for fraud at the Busan District Court on September 23, 2015 and the judgment became final and conclusive on May 28, 2016.

[Criminal facts] From 2007 to 2014, the Defendant operated C Company that produces power-driven parts in Gangseo-gu Busan Metropolitan City.

Around September 9, 2011, the Defendant entered into a lease agreement with the said company by stipulating that the Defendant would pay rent of KRW 7,534,786 each month during 48 months from May 14, 201 to May 14, 201, KRW 7,534,786 between KRW 40 million and KRW 405,340,000 of the total rental financing amount, and KRW 121,60,000 of the lease deposit amount, between the said company and the victim’s filial Capital Co., Ltd.

However, on September 1, 2011, the Defendant had no intention or ability to obtain security value equivalent to KRW 40 million by providing the victim company with the transfer of Honma CNC H-25/35GT 1 unit, including HM-25/35GT 1 unit of Honma CNC group, which provided additional security, for five kinds, such as Honma CNC group.

As such, on May 14, 2012, the Defendant, by deceiving the victim company, had the victim company pay KRW 405,340,00 to the E company, which is a supplier of CK5250, to obtain pecuniary benefits equivalent to KRW 283,738,00 (excluding lease deposit KRW 121,602,00).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Lease contract, specifications of lease contract, and transfer security contract;

1. Previous convictions: Inquiry into criminal history, report on investigation (Attachment of criminal records of the same kind of crime as the suspect), and application of two Acts and subordinate statutes attached to the judgment;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

2. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

4. Order of community service;