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 became final and conclusive.

Punishment of the crime

On July 31, 2015, the Defendant made a false statement to the victim F at the E coffee shop located in Gu-U.S.D, stating, “I would supply cosmetics to the extent that the amount deposited within this frame is equal to the amount deposited at the time of payment in advance, by remitting 15 million won in advance to the victim F.”

However, on July 2015, the Defendant was supplied with cosmetics exceeding KRW 10 million, which had already been permitted to extend credit from the said branch, on credit, and on July 2015, the Defendant was falsely registered with six subordinate salespersons around the spring of 2015 and cannot be supplied with cosmetics from the branch due to excessive obligation due to excessive amount receivable, such as detection of the fact that he/she was supplied with approximately KRW 30 million in the name of the salesperson. Thus, even if he/she was paid from the damaged person, he/she merely intended to continuously acquire money by means of a method demanding additional payment without supplying only a part of the cosmetics, and did not have any intent or ability to supply the cosmetics equivalent to the total price within the agreed time limit.

Nevertheless, on August 1, 2015, the Defendant: (a) by deceiving the victim as above; (b) received KRW 7,211,330 from the one bank account (G) under the name of the Defendant for advance payment; and (c) received a total of KRW 52,211,30 from around that time to August 31, 2015 from around eight times under the name of advance payment as shown in the list of crimes in the attached Table; (d) supplied only the cosmetics equivalent to KRW 33,390,130, and acquired the remainder of KRW 18,821,170.

Summary of Evidence

1. Statement by the defendant in court;

1. F statement made to the defendant in the protocol of interrogation of the suspect against the defendant;

1. Statement made by the police with regard to F;

1. A written complaint, a certificate of borrowing, and data and a written statement to adjust the amount of fraud;

1. Application of Acts and subordinate statutes to report on investigation (Submission of data, such as borrowing certificates);

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

1. Grounds for sentencing under Article 62(1) of the Criminal Act 1.