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

Punishment of the crime

On October 2009, the Defendant stated to the effect that “The Defendant would immediately pay the victim the price for rice straw in the debate,” in the victim C’s house located in the Jeonbuk Kim Jong-si, 2009, to the effect that “The Defendant would supply the straw straw in the debate.”

However, in fact, the defendant had no intention or ability to repay the price to the victim even if he was supplied with rice straw from the victim because he did not think that the price received after selling rice straw supplied by the victim would be used as his own business expenses, etc.

On October 11, 2009, the Defendant, by deceiving the victim as above, received rice straw in an amount equivalent to KRW 3.5 million at the market price from the victim, from around October 11, 2009, from that time, and received supply of rice straw in an aggregate of KRW 47,730,000 in total nine times from that time until December 24, 2009, as shown in the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on notarial deeds;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The scope of recommendation types according to the sentencing criteria [the scope of recommendation types] general fraud types 1 (less than 100 million won) and the basic area (not less than 6 months of imprisonment or 1 year and 6 months) (no person under special circumstances);

2. Elements of sentencing that are disadvantageous to the determination of sentence: The sentencing factors that are favorable to the Defendant’s failure to reach an agreement with the victim even though the Defendant was subject to multiple criminal punishment of fines due to a violation of the Road Traffic Act, etc., was not recovered from damage, and was sufficiently given time: The Defendant’s mistake is the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, as well as various circumstances that are the sentencing specified in the instant records and arguments, including the circumstances after the crime.