A defendant shall be punished by imprisonment for not less than two months.

Punishment of the crime

On November 2014, the Defendant made a false statement to the “C” restaurant operated by the Defendant of the first floor of the 1st floor of the building B, the Defendant, “The settlement of the purchase price of the Jeju-do fishery products by delivering freezing fishery products, such as woo, to the victim G, who is the seller of freezing fishery products, shall be made not later than the end of each month.”

However, there was no intention or ability to pay the price regularly prior to the end of each month even if the Defendant was unable to repay the principal and interest of the above individual debt solely on the profits of the above restaurant, and the Defendant received freezing fishery products from the injured party due to the impossibility of paying the principal and interest of the above individual debt.

The Defendant received from the injured party the freezing fishery products equivalent to KRW 2,082,30,00 at the market price, including 20 kg of snow 70,00 per month around the 5th day of the same month from the injured party, and received the freezing fishery products equivalent to KRW 15,685,60,00 in total from around that time to December 31 of the same year in the same manner as written in the daily list of crimes as shown in the attached Table.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning G in the police statement protocol;

1. Application of Acts and subordinate statutes entered in the Director of the C cafeteria;

1. In light of the relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, conditions favorable to the reasons for sentencing selection of imprisonment: The defendant seems to have led to the confession of the crime of this case and have repented his/her mistake, and other unfavorable circumstances such as the fact that the damage caused by the crime of this case has not been recovered; and the defendant has been sentenced to punishment for the same similar crime of this case and has been pending in each appellate trial, the punishment shall be determined as per the disposition, taking into account the fact that he/she was sentenced to punishment for the same kind of crime of this case and is still serving in each appellate trial.