A defendant shall be punished by imprisonment for four months.

Punishment of the crime

The Defendant is a person who carries on a mutual clothes manufacturing business, called Geumcheon-gu Seoul Metropolitan Government 3rd floor “C”.

On August 15, 2014, the Defendant stated that “F” operated by the victim E in Gwanak-gu, Seoul Special Metropolitan City, would be immediately paid to the victim for the delivery of clothing processing.

However, in fact, from March 2014, the Defendant had already been unable to pay more than KRW 20 million to the employees as a total monthly wage of the employees since the financial standing of the Defendant was not good. Since the Defendant was unable to pay public charges, such as electricity tax, etc., even if he was supplied by the victim and received the payment, it was thought that he would be used to pay a monthly wage or a public charge in arrears to the employees. Therefore, the Defendant did not have any ability or intent to pay the cost of processing to the victim.

Nevertheless, the Defendant received 507 points of clothes equivalent to KRW 2,035,00 from the victim and acquired 507 points of clothes from the victim, from that time until February 11, 2015, and acquired 10,995,00 points of the total of the clothes amounting to KRW 10,95,00 from the victims, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Each police statement to E, G, H, I, and J;

1. Work instruction;

1. Application of the Acts and subordinate statutes of the Letter of Payment

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. From six months to one year and six months of imprisonment on the sentencing criteria (the basic area of the types of general fraud (less than one hundred million won)); and

2. Determination of sentence: (a) the number of each of the crimes of this case or the number of victims is not significant; (b) no recovery from damage was made; and (c) the Defendant has been punished at least 30 times for the same kind of crimes in the past, including the Defendant’s punishment four times.