A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant established and operated D Co., Ltd. (hereinafter referred to as “D”) around March 3, 2011.

On June 30, 2014, the Defendant called the victim H, who is an operator of G, via F, who is an employee of D, at the new site of Kimhae-si, Kimhae-si, that “The Defendant was awarded a contract for electrical construction on the apartment site from Heunghae-si Construction Co., Ltd. (hereinafter “D”) during Heunghae-si, Kimhae-si, and that the price will be settled by the end of the following month if the electric equipment is supplied.”

However, around that time, D was unable to pay approximately KRW 2.7 billion for the goods of the amount of KRW 50,000 for the Han-gu Electric Co., Ltd. (hereinafter referred to as the " Han-gu Electric Co., Ltd.") due to its very financial difficulties. Moreover, D was unable to pay approximately KRW 65,290,000 for the food supply of the restaurant, and even if it was supplied by the injured party, it did not have the ability or intent to pay the price properly.

Nevertheless, the Defendant: (a) by deceiving the victim and by deceiving the victim; (b) received all equipment and materials equivalent to KRW 4,891,062 on July 2, 2014 from the victim; and (c) received the delivery of the equipment and materials equivalent to KRW 38,837,603 through 25 times from July 2, 2014 to December 23, 2014, such as the List of Crimes.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Partial statement of a witness I;

1. A copy of the protocol concerning the examination of suspect by the prosecution against the accused, and the protocol concerning the examination of suspect by the prosecution against the accused and the J (including the parts concerning each of the statements in K

1. Each police statement (a copy of each police statement) with respect to M, I or L;

1. Rulings on provisional seizure of claims, agreements, such as those for interest and construction and for the settlement of contractual damages;

1. In full view of the following circumstances acknowledged by the above evidence, the Defendant’s supply price to the victim is extremely difficult due to the lack of D’s financial standing.