A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

[Criminal Power] On November 28, 2019, the Defendant was sentenced to a suspension of the execution of six months of imprisonment for fraud at the Incheon District Court, which became final and conclusive on December 6, 2019.

【Criminal Facts】

Around April 5, 2019, the Defendant requested the delivery of a funeral by stating that “The value of the goods on which the funeral is delivered shall be settled on the 15th day of each month on the 15th day of April, 2019.”

However, the Defendant had no intention or ability to pay the price for the supply of goods at the time, even if he received the delivery from other business partners, because he was unable to pay the price for the goods from D because he was unable to receive the price for the goods from D, and there was no other special property, so he did not have any intention or ability to pay the price for the goods at the time even if he received the delivery from the victim.

Nevertheless, the Defendant made a false statement to the victim as if he would pay the price of the goods from time, and then received from the victim six copies of 360 copies of 5,256,000 won and 360,000 won of 11,232,00 won in total after being supplied to the victim on April 5, 2019 and received six copies of 5,256,000 won and six copies of 360,000 won of 360 won in total.

Considering that there is no obstacle to the exercise of the right of defense, it shall be judged to be a fraud on the goods supplied.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A copy of statement of transactions;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same criminal records);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

1. The sentencing criteria shall be based on;