A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

1. On February 17, 2012, the Defendant was sentenced to a suspended sentence of two years in the Busan District Court for fraud on February 17, 2012, and the judgment became final and conclusive on the 25th day of the same month. On February 14, 2013, the same court was sentenced to a suspended sentence of two months in imprisonment with prison labor for not more than four months and the judgment became final and conclusive on the 22th day of the same month.

The defendant is a person who has operated a clothes with the trade name D from the first floor of Busan Jin-gu C commercial building in Busan.

From August 2008, the Defendant was in arrears with the above rent for commercial buildings, and was in a bad credit position of 200 million won, and was required to pay interest of 10 million won per month on the debt amounting to 200 million won. However, the profit accrued from operating the above clothes was insufficient to cover the interest and living expenses due to the above profit. Thus, even if the Defendant borrowed money from the victim, the Defendant did not have the intention or ability to pay it, and there was no intention or ability to sell the imported goods at low price.

On April 5, 2010, the Defendant made a false statement to the effect that “The victim E (Nam, and 29 years of age) placed good articles(s) on the road in front of the pancheon-gu Busan High-do Office, Busan High-do Office,” and that “The victim E (Seoul and 29 years of age) left two times the flab, left two times the flab, and would have paid three times the flab, and four times the flab, if the flab was directly sold.” This was remitted from the victim around that time.

At the same place on the 6th day of the same month, the Defendant made a false statement to the effect that “I would like to lend money to the victim and pay money up to May 10, 2010, because I would like to receive any profit,” at the same place on the 6th day of the same month, the Defendant received from the victim KRW 15 million around that time.

On the 16th day of the same month, the Defendant called the victim and deducted the goods from the management items.

Tax and Customs Staff entertainment expenses are required;

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