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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.
Reasons
Punishment of the crime
On February 7, 2014, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months at the Incheon District Court for fraud, and on February 15, 2014, the said judgment became final and conclusive.
1. Around September 18, 2011, the Defendant stated that “A” office near the Dongcheon Station in Jung-gu Incheon, Jungcheon-gu, Incheon, would import the model toys from Hong Kong if the Defendant issued the price for the import of the model to the victim D.”
However, even if the defendant received money from the victim, he did not have the intention or ability to import the model toy.
The Defendant, by deceiving the victim as such, received cash 3.3 million won from the victim as the price for the import of model toys.
2. On January 16, 2012, the Defendant stated to the victim that “The Defendant would produce a model toy and deliver the model to the Stototo the Ptowing Museum and pay the price within two months.”
However, even if the defendant received the model toys from the victim, he did not have the intention or ability to re-delivery to the museum because he thought directly in the store of the defendant.
The Defendant, as such, by deceiving the victim, received a total of 12 million won model toy 100,000 won from the victim.
3. On December 27, 2012, the Defendant stated that “The Defendant would supply the model toys to the Jeju War Museum of Jeju-do, Jeju-do, by manufacturing the model toys, and pay the price to the victim by January 27, 2013.”
However, even if the defendant received the model toy from the victim, he did not have the intention or ability to re-delivery to the museum because he thought directly in the store of the defendant.
The Defendant, as such, by deceiving the victim, received 44 toy models equivalent to KRW 1,5530,000 in total from the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal testimony of witness D, E, or F;
1. Previouss before judgment: Criminal history records;