Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three years from the date of the final judgment.

Punishment of the crime

"2018 Highest 163"

1. On October 10, 2017, the criminal defendant against the victim C in contact with the victim C at an influent place on October 10, 2017, and “on the face of supplying the birth and six tons of the child, the payment will be made in cash after one month.

“A false representation was made.”

However, the Defendant had a financial institution debt worth KRW 200,000 at the time, and was economically difficult to pay interest equivalent to KRW 1,50,000 per month, and was supplied with births from the Customer and sold them, and was operated in the form of so-called “return prevention” such as payment to another customer. Thus, even if the Defendant was supplied with births from the injured party, there was no intention or ability to pay the price normally.

On October 16 of the same year, the defendant acquired the 13.2 tons of birth and 6 tons from the injured party, and acquired the 13.2 tons of the market price.

2. On October 13, 2017, the Defendant made a false statement with regard to the victim D, stating that “The Defendant supplied the victim with 15 tons of life and her 15 tons to the victim D, she would transfer transfer the amount of KRW 33 million to the victim D.”

However, in fact, the Defendant had a financial institution debt worth KRW 200 million at the time, and was in very difficult economic situation to pay interest equivalent to KRW 1.5 million each month, and was supplied with the birth with the Defendant and sold it, and thereafter was operated in the form of so-called “return prevention”, such as payment of the price to the other transaction parties. Thus, even if the Defendant received the payment from the injured party, there was no intention or ability to supply the birth with the Plaintiff normally.

On October 16 of the same year, the Defendant acquired 20 million won with the Agricultural Cooperative Account (E) in the name of the Defendant on October 16 of the same year from the damaged person, and acquired 13 million won with the same account on October 31 of the same year.

3. The victim;