The punishment against the accused shall be one year and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant was supplied with the surface system for household (PVC) by the actual operator of the Seo-gu Incheon D Co., Ltd. and by the customer, and was supplied to the construction company after manufacturing the door mold, etc.

On June 9, 2011, the Defendant made a false statement to the effect that “F, the head of the business division of the Victim E Co., Ltd., will issue bills with four-month maturity on the last day of the following month as of the 25th day of each month when the surface system is supplied, and settle the payment on the due date of bills.”

However, the defendant had no intention or ability to pay the price normally even if he is supplied with the surface system from the victim due to the excess of debt.

Nevertheless, the Defendant, by deceiving the victim and being provided with the surface system equivalent to KRW 16,793,700 on the same day from the victim, was acquired by deceiving the victim as such, and obtained the surface system of KRW 588,59,050 in total over 57 times from around that time to December 23, 2011 as shown in the crime list.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to the witness F's legal statement, inquiry into information on bills, copies of newspaper articles, current status of the progress of overdue debts, investigation reports (in addition to data submitted by a complainant), and written confirmation of G preparation;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes: Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: The defendant and his defense counsel asserted that the defendant did not pay the goods due to the aggravation of financial resources such as the default of bills, etc. while he had been engaged in continuous transactions with the victim, and that the defendant did not intend to commit fraud.

However, the Defendant stated the facts charged in the instant case with the victim for about six months.