A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

Around October 8, 2012 and around November 1, 2012, the Defendant made a false statement to the effect that “The Defendant would sell ginseng on credit on the day following the day on which the ginseng was sold on a long-term day, on the street,” and that “The Defendant would pay the price on the next day.”

However, even if the Defendant brought ginseng on credit from the victim, he/she thought that he/she would use the ginseng sales price for another ginseng purchase fund, and the Defendant did not have any property at the time and has no intention or ability to pay it within the time limit agreed to pay it.

Nevertheless, on October 8, 2012, the Defendant, by deceiving the victim as above, received three ginseng boxes equivalent to KRW 6,510,000 at the market price around October 8, 201, from the victim, and received four ginseng boxes equivalent to KRW 7,761,50 at the market price around the 11th day of the same month.

Accordingly, the Defendant, by deceiving the victim, obtained seven ginseng boxes equivalent to the total market value of 14,271,500 won through two times.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of a part of the prosecution against the accused (including the C substitute part of the interrogation);

1. Statement of each police statement related to C and F;

1. A copy of each pocket book;

1. Investigation report (No. 11, 18 of the evidence list);

1. Application of Acts and subordinate statutes to a loan certificate;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Election of Imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Articles 25 (1) and 31 (2) of the Act on Special Cases concerning Litigation Promotion, etc. of Compensation Orders;

1. According to the records of the reasons for sentencing of Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Declaration of Provisional Execution (a tea certificate, a copy of each pocket book, etc.), the intent of defraudation of the defendant is recognized. However, the circumstance and degree of deception of the defendant, the amount of damage, the amount of damage amount of the defendant's application