A defendant shall be punished by imprisonment for four 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

On March 8, 2016, the Defendant made a false statement to the victim D operation E in Dongdaemun-gu Seoul Metropolitan Government, stating that “The Defendant would pay the amount to the victim immediately after the delivery of the Cheongpodo and the payment from the customer is made.”

However, in fact, the defendant did not have any special property such as real estate, deposits, and vehicles at the time when he resides in the Institute of Public Notice of Amounting to KRW 250,000,000 per month, and has personal liabilities arising from agricultural product sales business process, and even if he delivered the money to the customer and received the money from the customer, he did not have the intent or ability to pay the money to the victim, and rather, he thought to use the money to pay the personal

As can be seen, the Defendant: (a) by deceiving the victim; (b) supplied the victim of such deception, with an equivalent of KRW 3,90,000,00 from March 8, 2016; (c) around March 25, 2016; and (d) received a delivery of an equivalent of KRW 6,696,000,000 in total, around March 30, 2016; (d) Mapos equivalent to KRW 3,40,000 in around April 5, 2016; (e) Mapos equivalent to KRW 9,690,000 in total; and (e) Mapos equivalent to KRW 7,830,00 in total,00 on April 8, 2016; and (e) received a delivery of KRW 31,516,000 in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] In the case where the defendant intentionally committed the act of deception (one month to one year) in the reduction area (special mitigated person] (one month to one year), or in the case where the degree of deception is weak (the decision of sentence] [the decision of sentence] the defendant paid 13.5 million won out of the delivery amount, the defendant's age, sex, behavior, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, etc., shall be determined as per the order in consideration of the following circumstances.