On August 8, 2017, the Defendant stated that “The Defendant would pay the victim the Y (40 tax) of the Victim Y in the Gyeonggi Kimpo-si, Gyeonggi-si, which was operated by the Defendant, to the customer for the supply of promotional items to public enterprises, large enterprises, etc., falls short of the price for the goods to be paid to the customer, and to pay the goods to the customer in lieu of the price for the goods to be paid to the customer, and divide it by half on the face of the State.”

However, even if the defendant received money from the injured party, he did not intend to use the money as the price for the goods to the customer, and he thought that the money was acquired from the injured party to use it for repayment of other debts or to raise living

The Defendant received KRW 1,00,000 from the damaged party to a new bank account (AB) under the name of AA on August 22, 2017, from the damaged party, and received KRW 22,29,000 from around that time to September 28, 2017, in total, nine times, as shown in the list of crimes in attached Table.

Accordingly, the defendant deceivings the victim, thereby acquiring pecuniary benefits of 22,299,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against Y;

1. Application of Acts and subordinate statutes to each case of the results of transfer management;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Unfavorable circumstances: The fact that he/she actively induces a victim to acquire a considerable amount of money, the fact that the defendant has a record of punishment for the same kind of crime several times, or the damage has not been restored;

1. favorable circumstances: The sentencing conditions provided for in Article 51 of the Criminal Act, such as the defendant's age, sex, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as being the same as the order, in consideration of the overall sentencing conditions provided for in Article 51 of the Criminal Act;