A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 3, 2017, the Defendant made a false statement to the victim through the victim F’s name and non-sick box operated by the victim F, who operated the Defendant’s Ma in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Seoul, that “The Defendant would settle the accounts of the price of rice at the end of each month.”

However, at the time, the Defendant had accumulated the obligation of KRW 100 million to the business partners located in approximately 40 places at the time. In addition to the above D Mart, the Defendant had no intention or ability to pay the price normally even if he received the rice from the injured party due to the situation where he operated two stores, such as operating the Mart in Gwangju City, while operating the Mart, etc. in addition to the above D Mart, he did not have any intention or ability to pay the price.

The Defendant, as such, by deceiving the victim, received rice equivalent to the total amount of KRW 13,571,200 from January 9, 2017 to February 23, 2017 from the damaged party.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes of the daily trading ledger;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act are against the defendant, the fact that the defendant was committing the instant crime in the course of operating Mart, and the fact that part of the amount of damage was collected, etc., shall be comprehensively taken into account the defendant’s age, environment, sex, motive and means of the crime, circumstances after the crime, etc., and all the sentencing factors indicated in the instant records and the previous theories, such as the crime, shall be determined as ordered.