A defendant shall be punished by imprisonment for two years.

Punishment of the crime

The Defendant is a person who operates a “D distribution” that distributes food materials, such as fish, to retailers.

On June 1, 2012, the Defendant made a false statement to the victim’s G Distribution operated by the Victim F in Gyeyang-gu E in Gyeyang-gu, Soyang-gu. that “I would make payment after the lapse of the week from the supply of flat.”

However, in fact, the defendant was unable to pay approximately KRW 500,000,000 from the previous customer due to a business depression at the time, and even if he was supplied with the charge from the victim, it was in a situation that the defendant should distribute it and use it for the repayment of the existing debt. There was no other property or profit, and there was no intention or ability to pay the charge to be provided from the victim after a day.

As such, the Defendant, by deceiving the victim, received from the victim, an amount equivalent to KRW 16,070,00 at the market price of 340km from June 1, 2012, and thereafter received from the victim, from then on October 23, 2012, a total of KRW 1,206,217,50 at the market price of KRW 30,175km as shown in the separate crime list by October 23, 2012.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of the witness H;

1. The statements of witnesses F and I in the third protocol of the trial;

1. Examination protocol of the accused by prosecution;

1. Each investigation report (verification of the delayed payment of wages / J Trading)

1. Application of Acts and subordinate statutes to the transaction place, letter, repayment plan, and police statement of credit payment attached respectively to the transaction place, the director of the transaction place, and the copy of passbook;

1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act for the crime;

2. Determination on the assertion of the Defendant and his defense counsel as to the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following grounds for sentencing)

1. As to the assertion that there was no intention or deception, the defendant and the defense counsel, and ① the defendant from the beginning.