A defendant shall be punished by imprisonment with prison labor for four months.

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

Punishment of the crime

On March 9, 2017, the Defendant was sentenced to imprisonment with prison labor for six months as a crime of fraud, and the judgment became final and conclusive on March 17, 2017.

The defendant is the representative of B manufacturing the mixture of feed, and the victim C is the representative of D Co., Ltd. manufacturing the mixture of feed.

On December 1, 2015, the Defendant would pay KRW 18,955,200 to the victim by telephone in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Maok-gun, for the payment of KRW 18,95,200 by February 29, 2016, when the Defendant produced and supplied 4 set of ingredients for mixing feed to the victim by February 2, 2016.

“.......”

However, at the time, the Defendant was unable to pay the price for supply to other companies for the amount of KRW 300 million due to the bank sphere and the customer’s liability. Even if the Defendant received parts from the injured party and received the payment from the feed plant after manufacturing the mixture of parts, it was planned to use it for personal debt payment and the payment of overdue wages, etc., and thus, the Defendant did not have the intent or ability to pay the price even if he received four sets of parts from the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) from December 4, 2015 to February 5, 2016, the Defendant issued 4 sets of feed mixing parts equivalent to KRW 18,955,200, total market price from December 4, 2015 to February 5, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. The second-time protocol on the examination of suspect to the prosecution and documents attached thereto against the accused;

1. Statement made to the police with respect to F and documents attached thereto;

1. A copy of a bankbook and a statement of transactions by account;

1. Records of the judgment: The application of Acts and subordinate statutes attached to a reply to inquiry, such as criminal history, and documents attached to the one-time protocol of interrogation of suspects to the defendant;

1. Article 347 (1) of the Criminal Act comprehensively including the relevant Article of the Act and the choice of punishment for the crime (the choice of imprisonment);

2. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

3. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended execution.

1. Article 37 of the Criminal Act applies to the sentencing criteria.