A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

On February 2, 2020, the Defendant: (a) on the “Ccafeteria” located in the Gyeong-gun, Gyeong-gun; (b) on February 2, 2020, the Defendant cultivated the victim D with approximately KRW 7500 square meters from 11 parcel, such as Gyeong-gun, Gyeong-gun, etc.; and (c) said May would sell at KRW 26 million in total, including the purchase price and pesticide expenses.

However, on December 11, 2019, the Defendant had already sold most of the above today to others and received the sales amount, and was thought to use the money as a repayment of personal debts and cost of living. Therefore, even if receiving the above sales amount from the victim, the Defendant did not have any intention or ability to deliver the premium as promised.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim as the down payment on February 21, 2020, KRW 10 million as the intermediate payment on March 17, 2020, KRW 10 million as the intermediate payment on March 17, 2020, and KRW 26 million as the remainder and pesticide expenses, etc. on March 19, 2020, from the victim to the account of community credit cooperatives in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A certificate, a sales contract, a criminal investigation report (in relation to the attachment of a detailed statement of deposit transfer to a complainant and the calculation of amount of damage), and application of Acts and subordinate statutes to report an investigation (in relation to the number of cultivation lot of Mayi crops among

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

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances under Article 62(1) of the Criminal Act: the defendant’s age, environment, character and conduct, motive of the crime, means and consequence of the crime, and the circumstances after the crime was committed.

The crime of this case is committed by deceiving a buyer to sell crops and deceiving a sum of 26 million won under the name of the purchase price, etc., which is not good, and the victim is punished by the defendant because the damage is not recovered.