A defendant shall be punished by imprisonment with prison labor for not more than ten 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

On December 2, 2015, the Defendant made a false statement to the effect that “The Defendant would pay KRW 44,500,000 to the Plaintiff for the total amount of KRW 44,50,000 in the sale of the uniform shipped around April 20, 2016, if the Defendant supplied KRW 159,500 to the Plaintiff in the aquaculture operated by the Victim C in Jindo-gun, Jindo-gun.”

However, since the defendant did not have a good financial situation at the time, there was no intention or ability to pay the price even if he was supplied with the return.

Nevertheless, the defendant was supplied with a 44,500,000 won or more at the market price by the victim around December 2015 and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (the No. 15 of the evidence list);

1. Statement of performance of the advance payment;

1. Application of statutes on personal credit information and comprehensive credit report;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months.

3. Determination of sentence: In light of the fact that ten months of imprisonment, and two years of suspended execution, the criminal defendant's property interest by deceiving the victim and deceiving the victim, the criminal defendant failed to receive the victim's letter, and the complete recovery of damage has not been made until four years have passed, and the criminal defendant failed to comply with the payment deadline agreed with the victim in an investigative agency, it is necessary to punish the criminal defendant strictly.

However, it does not seem that the defendant intentionally committed the crime of this case, and on April 3, 2019.