A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

[Criminal Records] On December 23, 2011, the Defendant was sentenced to a suspended sentence of three years and six months for a special robbery at the Daegu District Court, and the said judgment became final and conclusive on December 31 of the same year.

[2] The Defendant, from the end of July 2010 to August 21, 2010, is a person who has run a sales company of mutual livestock products with the trade name of “D” within the territory of “C” located in the North-gu Seoul Metropolitan City, Daegu Metropolitan City, for about one month.

On August 5, 2010, the Defendant made a false statement to the effect that “When the Defendant supplies the swine machine, it would pay the price on the following day or Tuesday to the business employees F of E (State) of the company suffering from livestock products wholesale business.”

However, the Defendant normally operated the foregoing “D” company only for a short period without the intention or ability to operate the said “D”, and was planned to close the business after being supplied with meat from the wholesalers, such as the victimized company, and was in a very difficult economic situation, such as living expenses as a recipient of the basic living benefits at the time, and there was no intention or ability to pay the price normally even if the victimized company received the supply of swine scrap, etc. from the victimized company.

Nevertheless, on August 5, 2010, the Defendant received respectively from the victimized Company a delivery of pigs amounting to KRW 1,298,100 in the market price, KRW 4,352,060 in the market price around the tenth day of the same month, KRW 2,637,160 in the market price on the 12th day of the same month, and KRW 4,046,727 in the market price on the 13th day of the same month.

Accordingly, the Defendant was given property worth KRW 12,334,047 by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement made with respect to G and H;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. The latter part of Article 37 of the Criminal Act: Provided, That the defendant, on the grounds of sentencing of Article 39(1), has no intention or ability to pay a normal price to the victim.