A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The Defendant is a person who has been engaged in a food processing business under the trade name of Geumcheon-gu Seoul Metropolitan Government “D.”

On January 2, 2014 to December 2, 2014, G Co., Ltd., operated by the victim F in Seoul Central Government E-gu, Seoul, would supply the above company's staff with clothes, raw materials, and subsidiary materials, and produce and supply them in Korea.

“.......”

After that, from April 2014, the Defendant received clothes from the said G Co., Ltd. to supply them, used them, produced clothing through the company located in China. From May 9, 2014 to May 23, 2014, the Defendant supplied them to the said G Co., Ltd. by attaching a Belgium indicating the name of the country of manufacture “Korea”, as it was the clothing that was manufactured by processing the clothing under Chapter 3,028, which was the sum of the clothing processed through the company located in China, from May 9, 2014 to May 23, 2014.

As above, the Defendant: (a) by deceiving the victim; and (b) transferred the victim the sum of KRW 57,954,940 around June 30, 2014, including KRW 1,00,000,000 around July 10, 2014 and KRW 58,954,940 from the victim’s money for the clinical processing of clothes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. The application of the work instruction, the order to correct place of origin, and the statutes governing D payments;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act ( comprehensively including, but not limited to, the choice of imprisonment) on the grounds of sentencing;

1. Application of the sentencing criteria [the types of decisions] fraud, general fraud, and type 1 (less than KRW 100 million) (the area of recommendation and the scope of punishment] basic areas: Imprisonment with prison labor for up to six months from June to one year;

2. Determination of sentence (unfavorable circumstances) the amount of damage does not exceed a certain amount and the amount of damage does not result in recovery from damage. [The circumstances favorable] Defendant recognized the crime and reflects the mistake. There is no previous conviction for the same kind of crime.