A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

The Defendant is a person operating “D” within the Seo-gu Incheon building and the “Cmaart” of the first underground floor, and the victim(s)E is a company that distributes the meat.

On September 4, 2018, the Defendant made a false statement to the victim (E) E employee F to the effect that “The Defendant would pay the price on September 10, 2018 when he/she supplies refined goods (raw goods) worth approximately KRW 50 million.”

However, in fact, the Defendant had no property as a bad credit holder at the time, and had a debt of KRW 240 million, and when operating D, the monthly wage of KRW 5 million was incurred each month, and the monthly wage of KRW 12 million was incurred by employees, and thus, the Defendant was unable to pay the monthly wage of the employees because he did not have any good funeral, so even if he was supplied with the goods determined by the victim, there was no intention or ability to pay the price on the date of the promise.

Nevertheless, on September 5, 2018, the Defendant was supplied with static meat goods equivalent to KRW 30,591,085 from the victim, and acquired static meat goods equivalent to KRW 15,447,570 from September 6, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Details of transactions, inquiries about details of transactions, and application of statutes of the Customer Director;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act, inclusive, the choice of imprisonment with prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Reduction elements of less than KRW 100,00 (Specially Convicted Persons) below KRW 100,00 for fraud (type 1) according to the sentencing guidelines: Reduction area of mitigation area (the scope of recommending area and recommendation range), imprisonment with labor for one month or one year;

2. Even though the Defendant had a record of the suspension of execution due to the same kind of crime, the punishment for the crime of this case is not minor.

However, the crime of this case is not by conclusive intention, and the defendant commits the crime.