A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On July 9, 2014, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Western District Court, and the judgment became final and conclusive on December 5, 2014.

around February 18, 2014, the Defendant made a false statement that he would receive the orders from the victim C within two to three weeks after ordering the HTC mobile phone case to the victim D and E, which is another company that he/she deals with. On April 30, 2014, the Defendant continued to receive orders from the victim around April 30, 2014 and made a false statement that he/she would receive orders from the victim within two to three days.

However, even if the Defendant received money from the victim, he was thought to use it as the pre-existing accounts receivable and office operating expenses that were not paid in transactions with D, E, and D was aware that it was impossible from the beginning to proceed with the order of the victim because the quantity of D does not meet the quantity. E did not confirm whether it is possible to produce a mobile phone case requested by the victim. In the case of F, even if the goods were to move to a foreign country, there was no intention or ability to sell a mobile phone case even if the goods were to move to a foreign country from the victim because they did not trade.

On February 18, 2014, the Defendant received 4,186,000 won from the victim to the account of community credit cooperatives (G) in the name of the Defendant, and received 5,820,000 won from the same account on February 19, 2014, and acquired 2,296,200 won from the same account on April 30, 2014, and acquired 12,302,200 won in total on three occasions.

Summary of Evidence

1. Each legal statement of witness C, H and I;

1. A certificate of the details of a personal financial transaction (profes), e-mail and sale commodity list, e-mail and F standard supply practices, Kakao dialogue, e-mail, and membership transaction account;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to judgment, etc.);

1. Article 347 (1) of the Criminal Act applicable to the crimes;

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

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