A defendant shall be punished by imprisonment for six months.

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

On August 17, 2018, the Defendant was sentenced to five months of imprisonment for fraud at the Seoul Eastern District Court on April 11, 2019, and the said judgment became final and conclusive.

Criminal facts

On January 2017, the Defendant made a false statement to the effect that “The Defendant would pay KRW 26 million for the last time when he first delivers F Mice 100 boxes (50,000) to the victim E through the C director, D, etc. of the Defendant Company B.”

However, in fact, the Defendant had a debt amounting to KRW 150 million at the time, and had no intention or ability to pay the goods properly even if the Defendant was supplied with the Maspact by the victim, as the Defendant was paid with preferential payment of KRW 26 million for the purpose of personal debt repayment, etc. around January 16, 2017 from G Co., Ltd. which agreed to receive and deliver the Maspact from the victim.

Nevertheless, the Defendant, as above, by deceiving the victim through C director, D, etc. of the Co., Ltd., and was supplied from the victim about January 23, 2017, the amount equivalent to KRW 26 million at the market price of 100 Mascpact (Chapter 50,000) from the H building I of Ulsan-gun, Ulsan-gun, Ulsan-do.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Police suspect interrogation protocol against J;

1. Statement to E by the police;

1. Investigation report (statement A, submission of data, etc. of suspect), investigation report (Submission of data, such as the statement of the complainant), investigation report (Submission of conversation between the complainant and the complainant);

1. Written statement of performance, loan certificate and notarial deed;

1. Each K dialogue (Nos. 18 through 20 of the evidence list);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to court rulings and case search details;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Determination of the defendant and defense counsel's assertion under Article 62-2 of the Criminal Act of the community service order

1. The Defendant’s summary of the assertion is the victim’s factoring.