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

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

Punishment of the crime

On October 2016, the Defendant made a false statement to the victim E at the “D” restaurant operated by the Defendant, which is operated by the Defendant at the macro-city C, stating that “the Defendant would pay the price for the goods for each store when he/she delivers livestock products.”

In fact, at the time, the Defendant had a debt equivalent to 200 million won, such as bond and the price of goods sealed to other customers, and when deducting monthly rent or employee pay from the sales of the restaurant, the Defendant did not have an intention or ability to pay the price even with the receipt of the goods from the injured party because it did not actually make profits.

The Defendant, as seen above, received livestock products equivalent to KRW 3,742,650 from the injured party on November 9, 2016, which were supplied to him/her at around KRW 3,742,650, as well as livestock products equivalent to KRW 27,294,248, in total, on seven occasions from around the above day to December 9, 2016, as indicated in the separate crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F ( complainant's agent);

1. Customer director, account transaction details, and photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Article 62(1) of the Act on the Suspension of Execution does not show a significant amount of damage to the sentencing, and the defendant has the same criminal records as the sentence.

However, considering the fact that all of the facts constituting the crime in this case are recognized and contradictory to the indictment in this case, the mediation was made smoothly in the civil case with the victim after the indictment in this case, and the defendant seems to have changed according to the result of mediation in fact, it is decided to take the action of suspended execution as ordered by the court.