A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant is a person who actually operates “B” to receive steel materials and sell them after processing.

On October 26, 2016, the Defendant provided that “The Defendant would supply steel materials first to the Victim C, and settle the price at the prime place after processing, selling, etc., at a place where it is difficult to know the place around October 26, 2016.”

However, at the time of fact, the Defendant was in bad credit standing, and the Defendant was responsible for a large number of debts, and the Defendant was suffering from economic difficulties due to the failure to pay the price to the business that has already received the materials, and thus, there was no intention or ability to pay the price even if he received the materials from the damaged person.

The Defendant provided the victim with materials equivalent to KRW 62,75,128, in total seven times from the time when he/she received materials equivalent to KRW 6,329,774, around October 31, 2016 from the victim, as described in the list of crimes in attached Table from July 13, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Data submitted in relation to D's statement protocol by the police (business registration certificate, the head of the sales office, and each tax invoice);

1. Investigation reports (the content of investigation related to the E Company) and transaction details attached thereto, investigation reports (related to B’s principal transaction account information and tax payment details), and verification of each tax payment, inquiries about each transaction details, investigation reports (related to outstanding receivables) and application of the relevant Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting the crime (a comprehensive selection of imprisonment with prison labor);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [type 1] The general fraud [type 1] and there is no person who is less than KRW 100 million [the territory of recommendation and the scope of the recommended punishment] (the scope of the recommended punishment], the basic area of the recommendation, six months of imprisonment through one year and six months of June.

3. Determination of sentence: The six months of imprisonment and the two years of suspended sentence are normal when the defendant is out of the fund;