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 becomes final and conclusive.

Punishment of the crime

The Defendant is a person who actually operates a mutual company called “C” which manufactures flag as soon as possible.

On August 20, 2013, the Defendant made a false statement to the effect that “The Defendant would promptly supply a flag so that it can be shipped until September 10, 2013 to the victim, who received orders from the victim E (the age of 53) to Russia (the age of 2,500,000 won).”

However, there is no intention or ability to supply goods at the time even if the company receives money as down payment because of financial difficulties such as failure to pay taxes equivalent to nine million won at the time, failure to pay the employee's benefits, etc., and even if the company receives money as down payment because it is not normally operated.

Around August 21, 2013, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the agricultural bank account under the name of the company and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act No. 1 to 4, 6, 14-16 to the evidence list submitted by the prosecutor

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)

1. Social service order under Article 62-2 of the Criminal Act;