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

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

Punishment of the crime

[Criminal Power] On November 1, 2016, the Defendant was sentenced to six months of imprisonment for fraud and two years of suspended execution at the Gwangju District Court, and the judgment became final and conclusive on November 9, 2016.

【Criminal Facts】

On April 2, 2013, the Defendant concluded that “Around April 2, 2013, the Plaintiff would immediately provide the victim with KRW 1,730,000,000 as the down payment and pay the remainder KRW 16,30,000 until January 20, 2014.”

However, in fact, the Defendant suffered a big damage from typhoons in 2012 and was not in good economic situation, such as having a debt of 60 million won or more, and even if the Defendant was provided with a uniform from the victim, he did not have any intention or ability to pay the amount of the frightopy to the victim because he planned to use it first to the funds for the operation of the aquaculture

The Defendant, as such, by deceiving the victim, received from the victim the delivery of a complete wear of KRW 17,30,000,000 at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A copy of a statement of cash payment;

1. Details of text;

1. Previous records: Criminal records and other inquiries, and the application of the statutes governing KICS outputs;

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

1. In light of the fact that the criminal defendant's reason for sentencing under Article 62-2 of the Probation Criminal Act is not much the amount obtained by deceit, and that it has not been agreed with the victim until now, and that damage has not been recovered, the criminal liability of the defendant is heavy.

However, considering the favorable circumstances, such as the defendant's reflection, the repayment of one million won to the victim at the time, and the equality in the case of a judgment at the same time with the final judgment of fraud, etc., the age, character and conduct, environment, health conditions, motive for the crime.