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

On July 3, 2014, the defendant was sentenced to 10 months of imprisonment with prison labor from the Busan District Court for fraud, and was sentenced to 8 months of imprisonment with prison labor after appeal, which became final and conclusive on January 16, 2015.

On December 2, 2013, the Defendant made a false statement to the victim E office operated by the victim D in Yong-gun, Yong-gun, Youngnam, that he would make an anchor and pay the price to the victim on the last day of the month following the delivery when the delivery was made.

However, even if the victim received the amount from the customer who supplied the anchors supplied by the victim for more than 120 million won without any particular company's property or profit at the time, it was thought to be used in the repayment of the existing debt, the company's operating expenses, living expenses, etc., and there was no intention or ability to pay the amount of anchor to the victim.

On January 3, 2014, the Defendant: (a) by deceiving the victim; and (b) was supplied by the victim with a total of KRW 39,250,00,00, total market value of 25 anchors (200, 15, 250, 100), and KRW 220,000, total of 32,000,000, and total of 16,000,000, 220, and 220,000, respectively.

Accordingly, the defendant acquired the property amounting to 87,250,000 won in total of the market price.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. A complaint, each business registration certificate, subcontract manufacture contract, each order form, goods delivery and delivery invoice, vehicle operation log, results of each entry and withdrawal trading protocol, contents certification, each investigation report, each investigation report, detailed statement of transactions, statement of reasons for direct payment, basic contract, details of payment, and payment of money;

1. Previous records of judgment: Criminal records, investigation reports (written confirmation reports including the date when judgment becomes final and conclusive), and application of each statute of the judgment;

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. To operate business in an unreasonable manner without capital under Article 62(1) of the Criminal Act;