A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant is the representative of the “C” as a semiconductor circuit manufacturing business entity located in Suwon-gu, Suwon-gu.

On February 2, 2012, the Defendant called the victim F, who is operating the “E” of semiconductor parts B1D-11 in Guro-gu Seoul Metropolitan Government DD Building B1 D-D-11, to pay semiconductor parts on the 15th day of the following month, if the existing trading company fails to meet the delivery date, and supplies semiconductor parts.

“The phrase “ was false.”

However, at the time of fact, the Defendant, at the Industrial Bank of Korea and the second financial right lending institutions, bears the obligation equivalent to KRW 150,000,000, and the obligation accrued from G and H and other trading enterprises shall be equal to KRW 278,039,206, and thus, it is impossible to receive delivery from the trading enterprises, and even if the semiconductor is supplied from the victims, there was no intention or ability to pay the amount.

Nevertheless, the defendant, as above, makes a false statement, and from the 24th of the same month, the defendant has suffered from the damage.

5. Until July, 17, a total of 65,496,894 won for the supply of semiconductor parts was not paid even after the semiconductor parts were supplied, thereby acquiring pecuniary profits equivalent to the same amount.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Application of the law of the police statement protocol to F;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. The basic area (from June to June) of the sentencing criteria [the scope of the recommended punishment] and the basic area (from June to June) of the type No. 1 of the general fraud (the scope of the recommended punishment is less than KRW 100 million) (the person who has no special sentencing seal);

2. The Defendant, even though having been supplied with semiconductor parts from the injured party, was not paid for such semiconductor parts, thereby defrauding KRW 65 million in total. The amount of damage that has not been repaid until now reaches KRW 57 million. Considering the content of the instant crime, the background leading up to the instant crime, and the amount of damage, the crime’s nature is unreasonable.