A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 5, 2015, the Defendant, at the Changwon-si's window C901, provided the victims E (Woo, 47 years of age) and health counseling at the branch office D office, and purchased the first class and the sixth class and six-year ginseng, etc., the Defendant provided that “it is an apartment in his/her own life. It is an apartment to pay money with a loan by taking the apartment as security.”

However, even if the defendant purchased goods from the victim, he did not have the intention or ability to pay the price.

The Defendant, as such, by deceiving the victim, received from the victim four kinds of goods (value of KRW 14,170,000) including five ginseng of Grade 1 (value of KRW 6,50,000), nine ginseng of Grade 1 (value of KRW 4,590,00), one red ginseng manufacturing machine (value of KRW 3,00,000), two red ginseng manufacturing machine (value of KRW 3,00,000), and two glutinous rice ( value of KRW 80,000) of the present glutinous rice (value of KRW 14,170,000).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Recommendation type 1 (less than KRW 100,00) [the scope of recommendation] without types of general fraud (less than KRW 100,000] [the scope of recommendation] [the basic area] from six months to one year and six months (the basic area] mitigation element: (a) where there is a purpose such as basic living and treatment expenses (whether suspension of execution of sentence is deemed to have purchased ginseng, etc. to recover health] (whether a defendant who is not healthy has purchased ginseng, etc. to recover health] comprehensive comparison and evaluation of the reasons for suspension of execution - If there is a negative reference reason for suspension of execution - Unagreement - If the substantial loss amount is considerably small (less than KRW 50,00,00): The negative general reference reason (2) - There is a same criminal record (However, it is agreed that it is insufficient to refer to the criminal conciliation procedure, but it does not reach repayment ability of the defendant's ginseng to the victim).