A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On December 27, 2012, the Defendant was sentenced to a suspended sentence of two years for a violation of the Labor Standards Act by the Suwon District Court on April 27, 2012, and such judgment became final and conclusive on April 19, 2013.

The defendant is the representative director of C Co., Ltd.

On April 6, 2012, the Defendant made a false statement to the victim F, who operates the company E, at the office of the said company located in the building located in Suwon-si, Suwon-si, Gyeonggi-do, stating that “it is necessary to construct new G elementary school at our company and build a new youth cultural center at high age, and construction cost is required. By May 30, 2012, the construction cost theory will be paid in full if the building cost is leased.”

However, at the time, the Defendant was supplied with building snow materials by the “H” company and was unable to pay rent of about 15 million won to the said H. The Defendant was introduced from the victim of H and entered into a lease agreement with the victim. Around that time, there was an individual liability of about 160 million won in a state where there was no particular property. The liability incurred in operating the said C Company was about 150 million won, and there was no intention or ability to pay rent even if there was a default of national tax equivalent to about 50 million won, and thus, there was no intention or ability to pay rent.

As such, the Defendant: (a) by deceiving the victim; and (b) was supplied with construction and provisional materials, such as building clubs, fry houses, pipes, etc. from April 6, 2012 to May 30, 2012; and (c) did not pay rent of KRW 24,868,871, and acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. An explanatory note;

1. Lease contract;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62(1) of the Criminal Act of the suspended execution;