A defendant shall be punished by imprisonment for six months.

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

Criminal facts

The defendant is a person operating "D", a small wave manufacturing business located in Gwangju City, and the victim E is a person operating "DG" as a producer of bamboo manufacturing business located in the F in Yangju-si.

On April 26, 2016, the Defendant made a false statement to pay the victim the supply price to the victim in the above "D" office without interruption.

However, in fact, the Defendant was liable for the amount of KRW 60 million in total for the payment of goods to H, “I,” and other clients for the payment of goods, but there was no special property or claim on the part of the Defendant, on the ground that he was preparing for the relocation of the factory at the time, he was able to use the sales proceeds as the repayment of the existing liability and the transfer of the factory, and there was no intention to pay the price of the goods. Therefore, even if he was supplied with the goods from the injured party, the Defendant did not have any intent or ability to pay the price of the goods.

As above, the Defendant was issued with 211 copies of leather (DE-126) worth KRW 13,140,665 at the market price on the same day by deceiving the victim as above, and received 290 copies of leather (Items 19,248,570 at the market price around May 17, 2016.

Accordingly, the defendant obtained a bamboo in the sum of 32,729,235 won through a total of two times and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the head of the sales center and electronic tax invoice;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. Circumstances, such as: (a) the reason for sentencing under Article 62(1) of the Criminal Act (hereinafter “Suspension of Execution”) did not specify the amount of the crime of this case, but only agreed with the victim; (b) recognizing and reflecting the crime of this case; and (c) having no criminal record as the primary offender; and (d) matters under Article 51 of the Criminal Act and the Supreme Court.