A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 29, 2016, the Defendant prepared a contract for the supply of food materials to be used in the victim E Co., Ltd. and the above cover sheet for the operation of the “D” at the office of the Defendant located in the third floor of the building building in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, and prepared to the representative F of the damaged company.

There is no tight settlement.

The term “theor” and the attitude was that the price of food materials seems to have been paid normally.

However, in fact, the Defendant was in arrears with approximately KRW 200 million, which is five-month rent, and the side of the center could suspend its business by cancelling the lease contract, and in addition, there was approximately KRW 500 million on the individual debt borrowed to use it as the fund for the operation of the detop sheet in the aforesaid loan, and there was a situation in which it is anticipated that the number of preliminary reservations scheduled in the second half of 2016, which is the same period, would not reach the level of the second half of 2015, and thus, there was no intention or ability to pay the pre-existing debt even if the food materials are supplied.

Nevertheless, the Defendant, by deceiving the victim, received food materials equivalent to KRW 41,79,433 from August 31, 2016 to November 30 of the same year from the victim.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G (including the Director of the Trading Agency and a contract for the supply of food materials);

1. Application of Acts and subordinate statutes to a copy of the investigation report (the list of debts of the defendant), and the investigation report (the monetary content of the complainant);

1. Article 347 (1) of the Criminal Act, the selection of punishment by imprisonment, inclusive, with labor for an offense, under the relevant provisions of the Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] of the general fraud [the scope of recommendation] of Article 62(1) of the Criminal Act, the basic area (from June to one year and six months) [the person who is subject to special sentencing] is not small, and most damage has not been recovered.