A defendant shall be punished by imprisonment for 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

On February 16, 2016, the Defendant concluded a contract with the victim to install air-conditioning 31 units on the 3 and 4th floor of the commercial building newly constructed in the Gun, Gun, Si, Gun, and Si, Gun. The Defendant concluded a contract on the installation of air-conditioning with the victim.

However, in fact, while operating the company of G, the Defendant was subject to compulsory closure on December 2014, when the management of the company becomes worse, and due to the aggravation of management, and was subject to compulsory closure of business. From January 2015, the Defendant engaged in the business of installing air conditioners in the name of H, which was the former wife, and was engaged in the business of installing air conditioners without trade name from February 2016. However, at the time of concluding the air conditioners contract with the victim, the Defendant was liable for the total amount of KRW 65 million, including approximately KRW 20 million of the tax liability, KRW 15 million of the financial institution’s debt, KRW 30 million of the bonds, and KRW 35 million of the bonds at the time of concluding the air conditioners installation contract with the victim. In addition, even if the Defendant was paid money from the damaged person as the price for air conditioners installation, the Defendant did not have any intent or ability to use the personal debt for the construction contract as ordered by other customers.

Nevertheless, on February 16, 2016, the Defendant: (a) by deceiving the victim; and (b) received delivery of KRW 20 million as the down payment from the victim; (c) KRW 15 million as the intermediate payment around April 28, 2016; and (d) KRW 35 million as the intermediate payment around February 28, 2016.

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 against D;

1. Details of deposit and withdrawal transactions, application of Acts and subordinate statutes governing the balance of debts;

1. Article 347 (1) of the Criminal Act (the point of fraud) and the choice of imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (it shall be taken into consideration that the damage has not been recovered but has no record of committing a crime committed

1. The reason is not less than Article 62-2 of the Criminal Act;