A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant is a person who operates Smarket in the name of “C” on the first floor of B commercial buildings in light of the name of “C”.

While the Defendant had been operating the instant marina, the sales of large-scale discount stores were reduced due to their sales, and since October 2014, the Defendant continued to be every month. On September 2015, the Defendant’s obligation to pay for the goods, even if the goods were supplied by the transaction partner, became more than KRW 300 million.

Nevertheless, the Defendant issued an order to the victim D, a trader, at the above “C” store on November 18, 2015, and the sum of the outstanding amounts already supplied and paid to the victim D was 11,997,800 won, and even if the Defendant did not have the intent or ability to pay the price even if the goods were supplied due to his/her own absence, the Defendant issued orders for rice and miscellaneous rice equivalent to 288,000 won at the market price as if he/she would pay the price for the goods and received them from the victim D on the same day as in the attached list of crimes, and acquired them by deceiving the total amount of eight victims after being supplied with the goods equivalent to KRW 13,597,851 at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Personal credit information replies and evidence lists No. 7-72;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act (to be comprehensively applied to each victim, with respect to the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for not more than 15 years;

2. Application of the sentencing criteria;

(a) Determination of types: Fraudulent crimes, general fraud, and type 1 (less than KRW 100 million);

(b) A special breeder: No person;

(c) Scope of recommendations: Basic area, six months to one year, six months; and

3. Determination of sentence: Six months of imprisonment, and two years of suspended sentence (limited to reasonable circumstances).