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

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

Punishment of the crime

[criminal power] On December 13, 2017, the Defendant was sentenced to imprisonment with prison labor at Seoul High Court for fraud and two years and six months, and the above judgment became final and conclusive on the 21st of the same month.

【Criminal Facts】

The defendant was in charge of the duty of supplying original teams to the original company or the clothing company from the original company and the original company for the purpose of the business of manufacturing and distributing clothes, raw materials, clothing-related products.

On August 12, 2016, the Defendant stated that “F office” in the “F office for the operation of the Victim E of the Dap of the Da building C, which was the first police officer, supplied the victim with the original body necessary to process the clothing, and the G representative director and all talked with the G representative director, and that the original body price would be paid without molding until September 12, 2016.”

However, in fact, the defendant independently promoted the purchase of the original unit without any specification with G, the representative director of which, and there was a suspicion of deceiving the original unit price of KRW 312 million from other original suppliers to the investigation agency, and under the investigation, there was a need for attorney appointment fees, agreement fees, etc. as well as there was no intention or ability to pay the original unit price even if the defendant is supplied with the original unit from the victim without any specific revenue or property.

Nevertheless, the Defendant, as seen above, had the victim enticed the Defendant, and had the victim received delivery of the KRW 44,726,756 at the market price around August 18, 2016 (ITYBLCK) 26,308.

Accordingly, the defendant acquired the victim's property by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the Defendant (including H’s statement)

1. Statement to E by the police;

1. Previous records: Application of Acts and subordinate statutes to residents' inquiry, each written judgment (Seoul Southern District Court Decision 2016Gohap615, Seoul Southern District Court Decision 2017No1951, etc.);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The Criminal Act, the suspension of execution;