A defendant shall be punished by imprisonment for six months.

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

(e).

Criminal facts

The defendant of "2018 Highest 3088" is the actual operator of "C" corporation located in Yongsan-gu Seoul Metropolitan City B for the purpose of supplying construction materials.

On September 8, 2017, the Defendant entered into a material supply contract with E representative director of the victim D Co., Ltd. to receive KRW 6,727,00,00 on the condition that he/she will produce and supply ethyl 7,655 kilograms per month within 45 days from the date of the order.

However, the Defendant, at the time, did not have any intention or ability to make a delivery of ethyl thirre monthly, even if he received the down payment from the victim, because the Defendant was liable to pay the materials necessary for the production of finished products to the transaction companies that supplied and produced the products, so that it is no longer possible to place an order on credit to the said companies.

Accordingly, the Defendant, by deceiving the victim, was transferred KRW 22,19,100 as the down payment around December 28, 2017 by the victim.

"2018 Highest 4404" Defendant is the actual operator of C of a stock company for the purpose of production and sales of ethyl ethyl terranculs in Yongsan-gu, Busan Metropolitan City B.

On December 5, 2017, the Defendant concluded a construction contract with employees G of the victim F Co., Ltd. and G of the I child-care center G located in Yong-gu H by December 13, 2017, stating that “The down payment is made first to make it possible to prepare materials and carry out construction works promptly.”

However, in fact, the Defendant was thought to use money from the victim company to pay the existing debt, and at the time, it was difficult for the Defendant to normally complete the ethyl C&C due to disputes with the Defendant, Inc., Ltd., and thus, there was no intention or ability to pay the construction work as agreed upon even if the Defendant received the money as the down payment from the victim.

Nevertheless, the defendant.