A defendant shall be punished by imprisonment with prison labor for up to six 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 was operating a “stock company C”, which was a manufacturer of sports supplies in the Jung-gu Seoul Special Metropolitan City, Sungnam-gu B.

1. On November 1, 2017, the Defendant, at the office of “C,” the Defendant, at the end of the foregoing “C,” sent the victim D an attitude that “to create KRW 200,000,000,00 for vehicle use.” On the face of payment such as down payment, the Defendant would make and deliver it by not later than February 14, 2018, and would make 200 for vehicle use during the delivery period.”

However, at the time of fact, the Defendant was under financial pressure due to financial obligations equivalent to KRW 400 million, such as bank loans and accounts payable to a trader, etc., which occurred in the course of operating the said company, and was thought to receive the price of goods from the victim to be used for personal purposes, such as repayment of accounts payable to the trader, living expenses, company operation expenses, etc., and there was no intention or ability to supply the content for

The Defendant received KRW 10 million as the down payment around December 13, 2017, and KRW 4 million as the intermediate payment around December 31, 2017 from the victim to the national bank account in the name of C, a corporation.

Accordingly, the defendant was given property by deceiving the victim.

2. On December 2017, the Defendant: (a) at the office of the “C” company, the Defendant, stating that the Defendant would create KRW 350,000,000 to the said victim, stating that “I will produce and deliver 350,000,000,000 to the said victim for camping.” (b) paid the price, such as the down payment, from the victim, he/she was given the same attitude to create and deliver a 350 unit of bit lease for camping.

However, at the time of fact, the Defendant had suffered financial difficulties while operating C, as described in the foregoing paragraph 1, and not only did the manufacture of the content for the vehicle as described in the foregoing paragraph 1, but also received the price for the goods from the victim.