The Defendant is a person who has been engaged in ginseng distribution business in the name of friendly H in the Chungcheongnam-gun G and the name of her wifeJ while operating K in the name of friendly H.

On May 4, 2014, the Defendant had no property under his name as an bad credit, and had apartment, factory sites, land, etc. under the J, but the said real estate had been established with a maximum amount of KRW 841 million to secure financial right debts of KRW 561 million. Accordingly, the Defendant paid a maximum of KRW 5 million monthly interest on loans to individuals. In addition, there were approximately KRW 400 million debts to individuals.

In addition, the damages of 16-70 million won were incurred due to the misunderstanding of custody supplied to L prior to about one month, and at that time, the amount was operated by the new supplier in the manner of receiving ginseng from the new supplier and repaying the obligations to the existing supplier with the sale proceeds, and the pressure of funds was so serious that it was impossible for the new supplier to pay the obligations to the existing supplier, as well as the obligations to the new supplier are not sufficient.

Nevertheless, on May 4, 2014, when the Defendant supplied raw ginseng to the victim O in the N warehouse located in Geumnam-gun, Geumnam-gun, Geumsan-gun, the Defendant would pay the price after the month when the price was paid.

A false statement was made.

The victim supplied 126,907,500 won at the 4,012 raw ginseng market price on the same day to I.

Accordingly, the defendant deceivings a person and let I receive the property.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement ofO, P, Q, R, S, T, and U in each trial record;

1. Statement made by the prosecution onO or P;

1. Complaint;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347(2) and (1) of the Criminal Act regarding criminal facts, Articles 347(2) and (1) of the Criminal Act regarding the choice of punishment, and reasons for sentencing of sentence of imprisonment [the scope of recommended punishment].