The defendant is the representative director of the corporation B, which was established for the purpose of the cosmetic wholesale and retail business.

On September 2016, the Defendant made a false statement to the effect that “B shall not be an illegal multi-level or a similar recipient company” to the victim E through D, a member of the Plaintiff Company B, at the office of the Defendant in the Daegu Suwon-gu, Daegu-gu, 2016, “B shall not be an illegal multi-level or a similar recipient company.” The Defendant shall be provided with goods if the goods are purchased at least KRW 150,000,000, and KRW 56% of the purchase amount will be paid as allowances in the form of cash capital.”

However, the defendant did not have an intention or ability to pay allowances in cash, as the sales of the corporation B decreased due to the failure of inventory management, the escape of members, etc., and the financial condition of the company has deteriorated.

The Defendant received 22,80,000,000 won as the price for goods from the victim at the end of the same month on or around the 21st day of the same month from November of the same year, from that time, from that time, the Defendant received 22,80,000 won in total from November 1 of the same year to that time, such as the statement in the list of crimes in the attached Table, and acquired financial benefits equivalent to the same amount by allowing the credit card payment of KRW 26,094,40 in total over three times.

Accordingly, the defendant, by deceiving the victim, received property and acquired pecuniary benefits.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding D;

1. Statement to E by the police;

1. A complaint, a copy of a bankbook, a letter of undertaking, or a corporate register;

1. Application of statutes on the certification of value-added tax base, certificate of closure of business, certificate of standard financial statements, and details of account transactions;

1. The relevant Article of the Criminal Act and Article 347 (1) of the Criminal Act that prescribes the applicable criminal facts, the reasons for sentencing choice of imprisonment with prison labor;

1. The scope of recommendations according to the sentencing criteria (the determination of types) shall be limited to fraudulent offenses; and < Amended by Presidential Decree No. 17352, Dec. 1, 201>