A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 29, 2016, the Defendant made a false statement to the effect that “If the Defendant supplied lub oil in the amount of 11 ton truck to E, the Defendant would pay the price in advance, not later than the 25th day of the following month by contact with the victim C’s employees, the victim CCB, the Defendant’s employees.”

However, at the time, the Defendant was in need of paying KRW 7,00,000 as an installment of 170,000 at the market price of 297,00,000 and the market price of 297,000,000 which was loaned as the purchase of real estate at the above place of business, and had not already been paid the price of lux oil equivalent to KRW 62,372,896 at the market price of 17,00,000,000. Thus, even if lux oil, etc. was supplied by the victim company, the Defendant did not have any intent or ability to pay lux oil at the time.

As above, the Defendant deceiving the victim company and then was supplied by the victim company with lubric oil at September 7 of the same year *320L 21,749,750 won at the market price of 21,749,750 won, such as the five drums, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Complaints - Application of Acts and subordinate statutes to electronic tax invoices, transaction ledger, and certified copy of real estate registry;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of the recommended punishment] of Article 62(1) of the Criminal Act [the grounds for sentencing [the scope of recommendation] general fraud [10 million won or less] [1 month or year] of mitigation area (the special mitigated person], or the degree of deception is weak (the decision of sentencing] of the case where the defendant acknowledges and reflects the mistake, the fact that there is no record of criminal punishment heavier than the fine, the fact that there is no record of punishment heavier than the fine, the fact that the damage has not been recovered properly, and the fact that there is a record of the same kind of crime is disadvantageous.