A defendant shall be punished by imprisonment with prison labor for four months.

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

Punishment of the crime

On November 23, 2013, the Defendant sought to purchase the equipment of “C industrial company” to the victim B at a non-fash place (hereinafter “C industrial company”) at the expense of the Defendant, and will complete full payment within 10,000 won with the equipment cost.

“A false statement” was made.

However, on January 27, 2012, the Defendant had no intention or ability to pay the above amount even if he borrowed money from the injured party, since the Defendant was in a situation where the above industrial company’s creditors had seized the above industrial company around January 27, 2012 and the management of the above industrial company was difficult to pay the monthly salary to the above industrial company employees to the extent that the monthly salary of the above industrial company employees could not be properly paid.

On the same day, the Defendant received 10 million won from the damaged person to the Cit Bank account in the name of the Defendant, and acquired it by money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A complaint, promissory note, or loan certificate;

1. Application of each investigation report, response to financial transaction information, and credit information response statutes;

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

1. The sentencing conditions under Article 51 of the Criminal Act, such as the background of the instant case, the amount of damage, the failure to recover damage, the absence of criminal records in the same kind of crime, and the defendant's age, sexual conduct, environment, and circumstances after the crime, shall be equally considered in determining the sentence against the defendant pursuant to Article 62 (1) of the Criminal Act.