Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On June 22, 2012, the Defendant was sentenced to imprisonment with prison labor for 8 months at the Gwangju District Court for fraud, two years of suspended execution, and 120 hours of community service order for the same year.

9.6 The above judgment became final and conclusive.

On September 26, 2011, the Defendant deceiving the victim to the effect that “D” offices located in South-Namnam-gun, the South-Namnam-gun, the victim would grow in large quantities, and would sell a lot of fertilizers in the future. As such, first of all, the Defendant would supply fertilizers on credit, and would make payment after shipping free of charge.”

However, the defendant had no intention or ability to pay the full amount of the fertilizer price even if the fertilizer is supplied on credit to the injured party due to the absence of any particular property or any fixed monthly income.

On September 26, 2011, the Defendant received from the injured party a fertilizer of KRW 130,00 from “E” and the market price of KRW 2.34,00,000 from the injured party. On September 28, 201, the Defendant received only KRW 1,00,000 from the injured party, and acquired pecuniary benefits equivalent to the said amount by deception, as the Defendant did not pay KRW 1,340,00 to the injured party

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A complaint and a detailed statement of transactions;

1. Previous records: Application of investigation reports (Attachment to the latest records of the suspect) and Acts and subordinate statutes;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;