A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

[Criminal Justice] On May 30, 2013, the Defendant was sentenced to a suspended sentence of two years for fraud at the Busan District Court on October, 2013, and the judgment became final and conclusive on June 8, 2013.

【Criminal Facts】

From March 2012 to November 201 of the same year, the Defendant engaged in the retail business of fishery products with the trade name "F" in the south-gu Busan Metropolitan City E market.

In fact, the Defendant did not properly engage in the funeral of fishery products, and even if fishery products were supplied on credit due to financial difficulties, there was no intention or ability to repay the price of the goods. Even if the Defendant received a refund of the deposit of the store operated by the Defendant, there was no idea to pay the credit amount with the money.

Nevertheless, on September 7, 2012, the Defendant received the amount of KRW 800,000,000 from the victim’s office located in Seo-gu, Busan from September 2012 to November 10, 2012, as “H” office for the victim’s operation in Seo-gu, Busan, that “the store rental deposit operated by the Defendant was KRW 20,000,000 and the store was set up.” The Defendant immediately received from the victim the amount of deposit money to be returned. If fishery products are supplied on credit, the Defendant would pay the amount of deposit without compensation as a deposit.” The Defendant received from the victim the amount of KRW 80,000,000,000 from the victim’s credit around September 7, 2012, and acquired the fishery products of KRW 34 times in total from the

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and I;

1. Examination protocol of the accused by the prosecution (including the C’s statement part);

1. Each police suspect interrogation protocol against the accused (including the C’s statement);

1. Statement to C by the police;

1. A complaint;

1. A detailed statement of goods transactions, each written confirmation, an investigation report (Attachment to a daily account book), and an investigation report;

1. Previous convictions: Application of criminal records and investigation reports (limited to previous convictions and attachment of judgment) and Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 38 (1) of the Criminal Act dealing with concurrent crimes;

1. The Criminal Act, the suspension of execution;