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.

Punishment of the crime

On September 2017, the Defendant met the victim C, who is the supplier of composts, in the Defendant dry field of the Defendant located in B, and made a false statement to the victim, stating that “The Defendant would pay the amount of composts and transport expenses to the Plaintiff, who is the supplier of composts.”

However, in fact, the Defendant did not hold the money equivalent to the amount of retirement and transportation expenses at the time, and could not gain profits equivalent to the money within a short period, and therefore, even if he was supplied with retirement expenses from the victim, he did not have the intent or ability to immediately pay the retirement expenses and transportation expenses.

The suspect, as above, deceiving the victim, was supplied with retirement expenses of about 25 tons of dump truck from around 10 days thereafter, but did not pay the victim a total of KRW 16.4 million for retirement expenses and transportation expenses, thereby acquiring financial benefits equivalent to the same amount from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. A complaint, letter, loan certificate, or order for payment issued by C;

1. Full certificate of the registered matters;

1. Details of account deposit and withdrawal;

1. Application of Acts and subordinate statutes on credit information details;

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

1. Article 62 (1) of the Criminal Act;

1. Although the damage from the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is considerably significant, the defendant has no record of being punished for fraud, the defendant has no record of being punished eight times by a fine until 2008, and there is no record of punishment thereafter, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and all the conditions of sentencing specified in the arguments of this case, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime