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

Punishment of the crime

On May 28, 2015, the Defendant was sentenced to ten months of imprisonment for fraud at the Incheon District Court on July 27, 2015, and completed the enforcement of the sentence.

The Defendant is a victim D Co., Ltd. (hereinafter referred to as “victim”) located in Jung-gu Incheon Metropolitan City, Jung-gu, as the actual operator of B Co., Ltd. (hereinafter referred to as “B”) around March 9, 2017.

) At the office E, the person in charge of the office “on the basis of the supply of aggregate to the original office, the supply of aggregate will be paid in cash 40 days after the payment of aggregate paid by the F company,” and the supply of aggregate is proposed as the basis for the contract for stone and aggregate supply concluded with the F company.

However, B was in the status of paying approximately KRW 3,00,000 as interest per month by bearing a debt equivalent to approximately KRW 130,000,000,000, and there was no other source of revenue other than the amount of aggregate to be paid by the F Company, and therefore there was no intention or ability to pay the aggregate amount supplied by the F Company because B did not have any other source of revenue.

Nevertheless, the Defendant, as such, by deceiving E and paying only the price of KRW 111,112,10,100 from the victimized company on March 31, 2017, obtained pecuniary benefits equivalent to KRW 80,232,90 from April 30, 2017, and KRW 41,233,50 from May 31, 2017, such as receiving KRW 232,578,50 from each of the supply of the clothing stone in an amount of KRW 111,112,10, and KRW 121,466,40, the difference.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Statement made by the police with H;

1. Copy of payment in cash;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (the filing of the same type of case decisions and the confirmation report on the date of release);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Sentencing Article 35 of the Criminal Act for aggravated repeated crimes.