A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On October 1, 2015, the Defendant made a false statement to the effect that “The prices of cosmetics released by selling cosmetics in lieu of cosmetics released by being registered as cosmetics external source shall be paid without problems and KRW 300,000 per month shall be paid to the victim C at the fourth floor office of Daegu Northern-gu B building.”

However, in fact, the Defendant did not properly pay the price for the sale of cosmetics at the time, and the cosmetics shipped out under the name of the victim should be disposed of as salt prices, and thus there was no intention or ability to pay the price and the allowance normally even if the cosmetics were shipped out under the name of the victim.

As above, the Defendant, by deceiving the victim, did not pay 44,211,700 won out of the price of cosmetics released from the victim from January 29, 2016 to November 2016, and acquired economic benefits equivalent to the same amount.

Summary of Evidence

1. C’s legal statement;

1. Each protocol of examination of suspect against the accused by the prosecution (including the part concerning the interrogation of suspect C in the interrogation protocol (two times and the comparison));

1. Statement by the prosecution against C;

1. Each investigation report (the sequence 11, 17, 19, 21, 22, 24 of the evidence list);

1. Application of Acts and subordinate statutes of one copy of the transaction receipt book, notarial deed, one copy of the purchase receipt book, one copy of the confirmation document, one copy of the purchase status of goods, one copy of the sales receipt statement, one copy of the account book of sold bonds, and one copy of the account amount;

1. In light of the pertinent Article of the Criminal Act, Article 347(1) of the Criminal Act regarding the crime, the background and method of the crime subject to the sentencing of imprisonment, etc., the crime of this case is not suitable for the nature of the crime.

The amount of fraud exceeds 44 million won, and the damage has not been restored until about 4 years have passed since the crime.

In light of these points, the sentence of imprisonment for the defendant is bound to be sentenced.

The fact that the defendant has no record of punishment for the same crime is favorable to the defendant.