Defendant shall be punished by a fine of one million won.

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Punishment of the crime

[The latter concurrent crimes of Article 37 of the Criminal Code] On May 26, 2016, the Defendant was sentenced to imprisonment with prison labor for not less than six months for a crime such as fraud in this court, and the judgment was finalized on June 3, 2016.

【Criminal Facts】

On November 15, 2014, the Defendant made a false statement to the victim D by phone call from the Defendant’s operation C, which is located in Gangnam-si B, to the effect that “When sending smuggling, the Defendant would send the price to the Defendant immediately after receiving the goods.”

However, in fact, the Defendant had no particular income at the time, and had already been in arrears for about 10 months, and had been requested by the lessor to pay the rent. Even if the Defendant was supplied with the tights from the victim, he did not have the intention and ability to pay the price immediately, and even if the Defendant sold the tights, he should use the price as the daily cost and the monthly rate immediately.

Nevertheless, the Defendant, by deceiving the victim as above, was supplied with approximately KRW 4,872,00 of the market price around the 16th of the same month with approximately KRW 10km 348.

As above, the Defendant received property by deceiving the victim and acquired the property.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. A complaint;

1. Certificate of closure of business;

1. Previous records: Application of criminal records, etc. and other reference reports and investigation reports (report on results before and after the disposition)-related Acts and subordinate statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;