A defendant shall be punished by imprisonment for six months.

except that 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 January 26, 2016, the Defendant, who was operating the “C” company that manufactures L CD equipment, semiconductor equipment, etc., concluded a false statement to the effect that the Defendant sent an order to F, a representative director of the victim E, in the C office located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, would pay the price if the Defendant supplied parts necessary for the automation equipment.

However, in fact, the Defendant did not intend or have the ability to pay the amount normally even if he received parts from the victim, because the Defendant did not receive any specific property from the customer at the time, including loans from the Credit Guarantee Fund, etc., and the Defendant had a debt equivalent to approximately KRW 1.5 billion, among those with a debt equivalent to approximately KRW 1.5 billion, and the management of the company is difficult due to the fact that employees did not have any actual business performance and did not pay for the part.

As above, the Defendant, by deceiving the victim, was supplied by the victim company with automation parts equivalent to KRW 3,253,00 on January 16, 2016, equivalent to KRW 2,303,40 on January 28, 2016, equivalent to KRW 435,60 on February 29, 2016, and KRW 20,766,90 on April 11, 2016.

Accordingly, the defendant deceivings the victim company to acquire the parts equivalent to 56,758,90 won in total.

Summary of Evidence

1. Although the defendant asserts that he did not have the intention to acquire by deceit, in light of F's legal statement, etc., it is recognized that the defendant was supplied goods as if he would pay the price to the victim even though it is evident that he did not have the ability to pay the price. Therefore, it is difficult to view that the defendant had no intention to acquire by deceit.

Therefore, the defendant's assertion is without merit and there is proof of criminal facts.

1. Partial statement of the witness F in the court;

1. Application of Acts and subordinate statutes on the issuance of borrowed certificates, orders/products, transaction lists, and electronic tax invoices;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act concerning the selection of criminal facts;