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

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

Punishment of the crime

The Defendant is a person who runs a fertilizer sales business under the trade name of “C” in Seosan-si, and the victim D is a person who runs a fertilizer manufacturing business under the trade name of “F” in Daegu North-gu, Seoul-gu.

On January 21, 2011, the Defendant stated that “The Defendant would pay the amount of fertilizer sales to the victim after about 3,4 months in accordance with the following agricultural products harvested at the time of harvest.”

However, in fact, since around 2010, the Defendant had been continuously accumulated the obligation to repay with loans from modern capitals, and since there was no particular property in the name of the Defendant, the Defendant did not have the ability to pay the fertilizer sales price up to 3 and 4 months even if he was supplied with fertilizers from the injured party.

Accordingly, the Defendant, by deceiving the victim, was supplied with fertilizers equivalent to KRW 14,675,00 on the same day from the injured party, and was supplied with fertilizers equivalent to KRW 84,860,00 from April 30, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a transaction statement, account books, account books, account books, and credit information inquiry statement;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Punishment on the basis of sentencing guidelines (the scope of a recommendation): Where the mitigated area (one month to one year) is mitigated (person subject to special mitigation) of type 1 (less than 100 million won): In cases where the penalty is not mitigated or damage equivalent to a considerable part is recovered;

2. Although the amount of obtainment of a sentence is not so big, the sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of the instant case, such as the fact that the Defendant is against his mistake, that the Defendant has agreed to do so smoothly with the victim, that there is no record of punishment for the same kind of crime, and that there is no other age, environment,