A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On April 1, 2013, the Defendant made a false statement to the effect that “The Defendant would pay the price as gold as set forth in the transaction partner if he/she supplied Aluminium plate” at the office of “C” (hereinafter “C”) in the business of manufacturing communication equipment for the Defendant’s operation in Nam-gu Incheon Metropolitan City (hereinafter “Seoul”) and the employees E of the victim D (39 years of age) operating a non-ferrous metal wholesale and retail business.”

However, at the time, the Defendant was out of money to the extent that he was unable to pay the benefits of the employees by lending money from the lending company, so even if the amount was received from the customer, the Defendant did not have the intention or ability to pay the amount of the purchase price of the Aluminum supplied by the victim because of the urgency to pay the obligations of the lending company.

As such, the Defendant, through the above E, inducedd the victim and was supplied with Aluminum plate equivalent to KRW 3,106,884 on the same day from the victim to August 28, 2013, and acquired pecuniary benefits equivalent to the amount of KRW 29,118,00 on August 19, 2013 by failing to repay the remainder of KRW 24,118,088,00,000, as shown in the attached crime list, even though the Defendant was supplied with Aluminum plate as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the transaction ledger, tax invoices, and respective Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. Where a person intentionally commits a deceptive act in the mitigated area (one month to one year) (special mitigation) of types 1 (less than 100 million won) in the sentencing guidelines, or the extent of the deceptive act is weak;

2. It is advantageous to the fact that the Defendant recognized the instant crime and reflected in the determination of the sentence, and that some of the continuous commodity transactions did not pay the amount of money, and the degree of deception was weak, and that there was no record of crimes above the same kind and suspended execution.