A defendant shall be punished by imprisonment for 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 December 2, 2014, the Defendant made a false statement to the G that “The Defendant would give KRW 21,906,500 as the price for the business of recycling heavy cell phone parts at the F office operated by the victim E in the Young-si, Nowon-gu, Seoul Special Metropolitan City.”

However, in fact, the defendant was unable to repay 600 million won of loan obligations to financial institutions and was in excess of his/her obligation, and since the financial situation is very good to the extent that he/she cannot pay taxes, there was no intention or ability to pay the amount even if he/she did not work.

Around December 2014, the Defendant did not pay KRW 21,906,500 to the victim, even though the Defendant had the victim complete the work of recycling the used mobile phone parts at the office of the company that operated the said victim.

Accordingly, even though the defendant deceiving G and caused the victim to complete the recycling work of mobile phone parts, the defendant did not pay the same amount of property benefits.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness E and G;

1. Examination protocol of the accused by prosecution;

1. The police suspect interrogation protocol of H;

1. Application of Acts and subordinate statutes governing the Incheon District Court's 2014Gadan47216 Reconciliation Recommendation Document;

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;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] General Fraud (less than KRW 100 million) and the scope of comparison between punishment and recommendation punishment that have no basic area (6-1 year and 6 months): 6-1 year and 6-6 months (decision of sentence], while the defendant denied the original facts charged, the defendant acknowledged the changed facts charged by the prosecution.

The crime of this case is in the situation where the defendant lacks ability to pay.