A defendant shall be punished by imprisonment for not more than ten 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 April 4, 2014, the Defendant received three orders from the victim D in a coffee shop in which it is impossible to know the trade name in front of the Seo-gu Seoul apartment complex 3 complex in Goyang-si, Goyang-si. The Defendant borrowed KRW 1.60 million out of the 200 million purchase price of the clothing from another person, and paid KRW 70 million including the profit if he lends KRW 40 million to another person.

“A false statement was made to the effect that it was “.”

However, the defendant had been in arrears with the leisure time of his employee of the "E" clothes store operated at the time, and was urged by the customer to pay credit purchase payment, and the victim was thought to use the clothing supply contract as if he entered into a spool supply contract in the domestic famous shopping mall and received money from the victim.

The Defendant, as such, by deceiving the victim, received KRW 40 million from the injured party as the spool purchase fund for clothing.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Selection of Punishment;

1. Sentencing prescribed in Article 62(1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Application of the sentencing guidelines [the types of decisions] fraud, general fraud, and type 1 (less than KRW 100,00) [the person subject to special sentencing] punishment not (the scope of the sentence for recommendation] (the scope of the sentence for mitigation), the area of mitigation, and punishment for one year;

3. Two years of suspension of execution for ten months of imprisonment with prison labor for a decision of sentence (the details and result of the crime, the fact that the defendant agreed with the victim immediately before the sentence of this judgment, the age, sex and behavior of the defendant, and other family members to support the defendant suffering from rare diseases, and the relationship of previous crimes, etc.);