A defendant shall be punished by imprisonment for not more than ten months.

However, the defendant shall be sentenced to the above punishment for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 22, 2013, the Defendant concluded that “The Defendant would pay KRW 17,40,000 to the victim for the face value of the 60,000 won within one year,” in the aquaculture operated by the victim C in Jindo-gun, Jindo-gun.

However, in fact, the Defendant had been in bad credit standing since 2010 and had no other property or income. Therefore, even if the Defendant was supplied with a lavement from the victim, there was no intent or ability to pay the price.

Nevertheless, the Defendant received 60,000 won of the total market price of KRW 17.4 million from around that time to March 20, 2015 from around that time, and received 74,50,000 won of the down payment through the total market price of KRW 1.4 million, as shown in the attached list of crimes, as well as from around March 20, 2015, and acquired 7,2650,00 won of the down payment.

Summary of Evidence

1. The defendant's legal statement (the statement on the fourth trial date);

1. C’s legal statement;

1. Each sales contract;

1. Photographs of a aquaculture;

1. An event contract;

1. A registration statement;

1. Application of Acts and subordinate statutes of a copy of civil judgment;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act, inclusive, the choice of imprisonment with prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where a person intentionally commits a deceptive act in the mitigated area (one month to one year) (special mitigation) of mitigated area (one month to one year) by applying the sentencing criteria [the scope of recommending punishment] general fraud;

2. A relatively large scale of a prior wear that the defendant acquired by deception;

The damage has not yet been recovered and the victim has been punished for the defendant.

On the other hand, however, the defendant is both aware of and against his mistake.

The defendant does not seem to have committed the crime of this case with a conclusive intention.

The defendant has made efforts to recover damage by paying part of the amount, and the amount of unpaid payment is 5 million won.