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 became final and conclusive.

Punishment of the crime

【Before the latter part of Article 37 of the Criminal Act, the Defendant was sentenced to imprisonment with labor for a crime of fraud at the Suwon District Court on December 2, 2010, and the judgment became final and conclusive on February 10, 201.

【Criminal Facts】 On October 2005, the Defendant discussed that “The Victim E will sell chemical drugs, such as Toluene, and give the price to the victim E by selling them at the office of the “Dornas Association” located in the Dong-gu, Ansan-si.”

However, even if the defendant received chemical drugs from the victim, he did not have the intention or ability to return the proceeds to the victim.

Nevertheless, on October 13, 2005, the Defendant: (a) by deceiving the victim; and (b) obtained by deceiving the victim, a total of approximately KRW 73.5 million, including Toluene 20,530km on the 14th of the same month; and (c) 18th of the same month, such as Toluene 20,330km.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement of witness F;

1. Statement made by witnesses E in the third protocol of the trial;

1. Partial statement of witness G in the fourth trial record;

1. Application of each letter of payment, tax invoice, and copy of the decision

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. The reason for conviction under Article 62(1) of the Criminal Act - All the circumstances revealed in the above evidence and arguments, i.e., the fact that the defendant was operating a manufacturing (miscellaneous and new production, etc.) factory of leather located in Gyeonggi-do at the time of the instant case, but it is difficult to deem that the defendant had secured funds to repay debts at the time of the instant case for the following reasons, and it is difficult to find that the defendant had the intent or ability to repay debts.

1. The Defendant, from September 2003 to September 8, 2004, operated a new factory from I to September 1, 2004.