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

Criminal facts

On January 30, 2019, the Defendant was sentenced to a four-year punishment by the Seoul High Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the judgment was finalized on February 1, 2019, and on April 5, 2019, the Seoul Northern District Court sentenced a three-month punishment by imprisonment for fraud at the Seoul Northern District Court, which became final and conclusive on April 13, 2019.

The Defendant is a person who operates B (hereinafter referred to as “B”) a clothing manufacturing trade company.

On March 201, the Defendant, at the end of the Seoul Dongdaemun-gu Seoul Metropolitan Government Office D heading B office, imported and sold finished products to the victim E, stating that “If the Defendant supplied the back-to-date fluor to a pregnant processing company in China, he would be entitled to pay 30% of the down payment and 70% of the balance, as F would have opened a credit with the Chinese company,” and made a false statement as if the Defendant would pay the down payment through F.

However, the defendant, without any special asset, was unable to issue the credit in the name of B due to the situation where B was at least KRW 150 million, but at least KRW 200 million, and the defendant was willing to issue the credit by using the issuing company of the credit. Since the above issuing company has a debt of approximately KRW 177-80,000,000, the defendant had no intention or ability to pay the original amount through F even if the victim provided the above original amount to the Chinese processing company.

As such, the Defendant: (a) by deceiving the victim; and (b) had the victim, from April 11, 201 to April 14, 201, deliver approximately KRW 105,895,00 of the original part and approximately KRW 1,100 of the original parts designated by the Defendant to G and H, a person in charge of the clinical processing company in China, who is designated by the Defendant, approximately KRW 20,000 of the original part and approximately KRW 1,100 of the original parts; and (c) obtained pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused (including the two times of interrogation statement, and the part concerning questioning statement of E);

1. Each police officer for E.