A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 9, 2014, the Defendant: (a) received subrogated payment of KRW 4,433,900 from the previous F’s debt; (b) received in advance payment of KRW 20,000,000,000 from the victim E, a representative of the Dispute Resolution Co., Ltd., and Hinjin Co., Ltd, for a ten-month period; and (c) entered into a contract with the victim to pay in equal installments the amount of KRW 2,00,000 every ten months, without interest.

However, in fact, the Defendant was closely in a three-month period, and there was no intention or ability to implement the contract even if he received the promotion subsidy from the injured party due to the lack of particular property, or to divide the promotion subsidy.

On June 5, 2014, the Defendant: (a) by deceiving the victim; (b) obtained the pecuniary benefits equivalent to KRW 10,000,000 from the Livestock Cooperative account (Account Number: G) in the name of the Defendant on or around June 9, 2014; and (c) received the transfer of KRW 10,000,000 from the said account on or around June 9, 2014; (b) received the repayment of KRW 4,43,900 in subrogation; and (c) obtained the pecuniary benefits equivalent to KRW 4,102,820 in alcoholic beverages from June 11, 201 to July 25, 2014; and (d) received the delivery of KRW 500,00 in both shares.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to contract, sales place, and detailed statement of deposit transactions;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the following factors favorable to the sentencing)

1. Where the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines is limited to the category 1 (less than KRW 100 million) and the area of special mitigation (one month to one year) [the person subject to special mitigation] is not subject to punishment, or damage equivalent to a considerable portion is restored;

2. Circumstances unfavorable to the determination of sentence: although the defendant had no ability to pay the liquor properly due to the person originally, he/she received the promotional subsidy and received alcoholic beverages by deceiving the victim, and the quality of the crime is not less severe.