A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On June 25, 2015, the Defendant was sentenced to six months of imprisonment for fraud and two years of suspended execution at the Daejeon District Court, and the judgment was finalized on January 30, 2016.

On May 8, 2015, the Defendant made a statement to the effect that the Defendant would pay the amount to the Victim E within one week when sending the amount for the fruit to the victim E in the operation D of the Defendant, which is located in Seo-gu Daejeon, Daejeon.

However, the defendant did not have an intention or ability to pay the price as promised even if he received the goods from the damaged person.

As such, the Defendant, by deceiving the victim, received the amount equivalent to KRW 2,272,00 at the market price of dental medicine on the same day from the victim, and acquired the amount equivalent to KRW 2,282,50 at the market price of dental medicine on May 15, 2015, and KRW 5,926,50 at the market price on May 19, 2015, including the amount equivalent to KRW 1,372,00 at the market price of dental medicine.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Statement made by the police for E;

1. A complaint;

1. Previous convictions: inquiry of summary information of the case and application of each statute of the judgment;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act (including criminal records, the amount of fraud, etc.);