A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[criminal records] On September 21, 2016, the Defendant was sentenced to a suspended sentence of one year for a period of four months in the Chuncheon District Court's Gangseo branch branch office for fraud, and the above judgment became final and conclusive on the 28th of the same month.

[Criminal facts] The Defendant is a fishery products wholesaler, and the victim C is a fishery products broker who operates the “E” located in Chungcheongnam-gun, Ulsan-gun.

On November 1, 2014, the Defendant called the victim by telephone, and sent the vehicle to purchase defense, etc., “If you send the vehicle to the victim, it would be different from the other hand, and if you send the object, the following day will be settled.

“.......”

However, in fact, the defendant did not have any particular property, was thought to use the money received from the victim to the customer at a different level, and was not smooth recovery of the amount receivable from the previous customer, so there was no intention or ability to pay the money according to the agreement even if the victim received defense from the victim.

The Defendant: (a) deceiving the victim as above; (b) had the victim; (c) had the victim’s defense at an amount equivalent to KRW 2,501,100 at the market price from G located in F at the Hamnam-si of the same day; (d) had the defense at an amount equivalent to KRW 1,550,00 at the market price around November 3, 2014; (e) had the defense at an amount equivalent to KRW 10,654,665 at the market price from around November 25, 2014 to around November 26, 2014; (e) had the victim’s defense at an amount equivalent to KRW 22,561,350 at the market price around November 27, 2014; and (e) had the remaining amount equivalent to KRW 5,058,00 at the market price of KRW 2,985,00 at the market price around November 28, 2014; and (e) had been supplied at an amount equivalent to KRW 3658585.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Detailed statements of each transaction and certificates of origin of fishery products;

1. A investigation report (in relation to the submission and attachment of relevant data), details of transactions, and a credit information inquiry report;

1. Before judgment: A/Written inquiry, such as criminal history.