Text
A defendant shall be punished by imprisonment for a term of one year and two months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal record] On March 29, 2016, the Defendant was sentenced to four months of imprisonment for fraud in the original state branch of the Chuncheon District Court on March 29, 2016, and the said judgment became final and conclusive on June 3, 2016.
[Criminal facts]
1. On November 2, 201, the Defendant would introduce the cosmetics sales business to the victims E, who sell cosmetics in the D D multilateral banks located in Gangwon-si, Gangwon-si, Seoul, and use many of the manufactured cosmetics by introducing the same to the victims E.
The purpose of this paper was to make a false statement to the effect that the sale of Helel No. 146 No. 10ml was “I will immediately pay the price by finding money.”
However, in fact, the defendant sold cosmetics received from the injured person due to the absence of any particular import, and the price was thought to be used as living expenses, and even if he was supplied with cosmetics from the injured person, he did not have the intention or ability to pay the price.
The Defendant received cosmetics equivalent to KRW 248,000 from the injured party on the same day, and around that time, from August 5, 2014, the Defendant supplied cosmetics equivalent to KRW 73,485,000 over 150, as indicated in the list of crimes in the attached Form from around that time.
2. On November 9, 201, the Defendant for the fraud of the borrowed money is required to pay the said victim E at the place of default.
If only 80,000,000 won is lent, it shall be paid together with the already received cosmetics.
“A false statement” was made.
However, in fact, the Defendant did not have any particular income or property, and the Defendant thought that the Defendant borrowed money from the victim will be used for living expenses or personal debt repayment, and there was no intention or ability to repay the borrowed money to the victim.
The Defendant received 800,000 won from the injured party to the Agricultural Cooperative Fund (G) account in the name of the Defendant’s father on the same day, and received 63,639,850 won in total from around the time to May 20, 2014, as indicated in the list of crimes in attached Form 109.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement to E: