A defendant shall be punished by imprisonment for one year.

except that 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

On February 7, 2017, the Defendant made a false statement to the effect that “When he/she supplies fertilizers of 13,000 square meters per cubic unit of fertilizers of 9,000 square meters per cubic unit of fertilizers of 1,00,000, the Defendant would make payments until October 2017” to D, who is an employee of the victim C (hereinafter “victim”) at the human resource office operated by the Defendant in the Namnam-Namnam-Gun, the Defendant drafted an order.

However, at the time of fact, the Defendant had a debt equivalent to KRW 300 million, and even if profits have accrued, there was no intention or ability to pay the amount in time, even if a fertilizer was delivered from the victimized company, because the financial situation was urgent to repay the existing debt, and thus, the financial situation was not good.

Nevertheless, the Defendant, as seen above, by deceiving D, an employee of the victimized company, obtained a total sum of KRW 117,00,000 from March 2, 2017 to March 30, 2017 from the victimized company, and acquired by deception the total sum of KRW 13,000 from March 2, 2017.

Summary of Evidence

1. Legal statement of witness E and D;

1. Examination protocol of the accused by prosecution;

1. Text;

1. F settlement case [In light of the circumstances that the defendant denies the criminal intent of defraudation, but the defendant did not secure the sales place of the fertilizers purchased from the victim at the time of the transaction in this case, or the uncertainty of the recovery of the sales proceeds, etc., if the defendant could not pay the whole amount of the fertilizer to the victim until the time he promised, it can be acknowledged that the fact of deceiving the victim to be supplied with the fertilizer from the victim can be acknowledged as if he would be able to pay the price at the time of promise without notifying the victim of such circumstances, and there is evidence of criminal facts

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for a period from one month to ten years;