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 becomes final and conclusive.

Punishment of the crime

The Defendant was under circumstances that it was difficult for the Defendant to pay monthly wages to the employees due to the lack of personnel to the extent of 200 to 3 million won per month, and even if the Defendant and his wife borrowed money from the victim B, they did not have any intent or ability to pay monthly wages, even if the Defendant and his wife borrowed money from the victim B.

Nevertheless, on April 25, 2013, the Defendant made a false statement to the victim, stating, “The Defendant shall pay money to him/her to him/her.”

The Defendant, in its false manner, received KRW 6 million from the victim to the Agricultural Cooperative Account under the name of the Defendant, and acquired KRW 13.5 million in total by remitting KRW 7 million on June 3, 2013 from the victim, and acquired KRW 13.5 million in total from the Defendant on June 11, 2013, and purchased clothes from the “D” store located in Suwon-si, Suwon-si, Suwon-si, and then acquired profits equivalent to the same amount by allowing the victim to pay KRW 607,200 in the Defendant’s Samsung Card purchase price with the Defendant’s Samsung Card and pay KRW 607,200 in lieu of the Defendant’s payment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Details of deposits;

1. Application of Acts and subordinate statutes on the details of card use;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] General Fraud (less than KRW 100,000) and no basic area (6-10,000) (6-1,00) [the decision of sentence] 4 months of imprisonment with prison labor, 2 years of suspended sentence, the defendant did not make any effort to recover from damage and thereby the victim is punished. However, it is ordered as ordered in consideration of the fact that there was no record of punishment for the same crime, the circumstances of fraud and the amount of fraud.