Defendants shall be punished by imprisonment for one year.

Punishment of the crime

[criminal record] On July 4, 2016, Defendant A was sentenced to the suspension of the execution of imprisonment for six months with prison labor for fraud in the Hongsung Branch of the Daejeon District Court on December 27, 2016, and the judgment became final and conclusive on December 27, 2016. Defendant B was sentenced to the suspension of the execution of imprisonment for eight months for fraud, etc. in the Hongsung Branch of the Daejeon District Court on July 4, 2016, and the judgment became final and conclusive on December 27, 2016.

[Criminal facts] The Defendants are running a sled fish sales store in the name of Defendant B, Defendant B’s ASEAN.

On April 8, 2008, the Defendants visited the “H” of the victim G operation in Newanan-gun F of the Republic of Korea on April 8, 2008, and would pay the amount to the victim if the Defendant supplied the salted fish.

“A false representation was made.”

However, the Defendants thought that they would not pay the amount after making the victim aware of the transaction amount at first time. Defendant A was in arrears with the national tax of KRW 5,538,900,00 as of June 1, 2010. Defendant B was unable to pay KRW 25 million borrowed from I for the purchase cost of sled fish around February 1, 2006. After the instant case, the Defendants did not have any intent or ability to pay the amount even if they were to receive the amount of 5,5380,000,000,000,000,000 won borrowed from I around February 1, 2006. The Defendants did not have any intention or ability to pay the amount even if they were to receive the amount of sled fish from other persons even after they had borrowed the amount of sed fish or conducted credit transactions.

As above, the Defendants: (a) by deceiving the victim; (b) supplied the victim with the spokeed fish, etc. equivalent to KRW 2,534,00,00 at the market price around June 27, 2008; and (c) from that time until July 18, 2008, up to five times, from that time, the Defendants were supplied with a total of KRW 14,841,6,200 (including regular rents and brokerage commission) for five times, as shown in the [Attachment 1 to 5] list of crimes from July 18, 2008; and (d) supplied the spokeed fish, etc. from the victim by the same method, at the market price of KRW 238,50,00 from October 11, 2010.