A defendant shall be punished by imprisonment for not more than ten 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

The Defendant stated that, “B” who operates a long-term third-party sales store, “B,” “I would make payment during the past,” and “I would make payment even to the existing ones,” with the intention of purchasing the purchase price on credit by false means as if he would immediately settle the purchase price, and instead paying the purchase price.” On August 19, 2011, the Defendant stated that “E office operated by Hongcheon-gun, Hongcheon-gun C Victim D will make payment from the victim,” “I would make payment during the past.”

However, since the defendant did not have money due to the economic difficulties at the time, there was no intention or ability to pay the price even if he purchases the brain ginseng from the victim.

The Defendant, as seen above, by deceiving the victim, received a long-term brain ginseng equivalent to KRW 30,40,000 in total of the market price from the victim, from September 7, 201, from that time until September 7, 2011, obtained the victim D, the victim F, and the victim G with a long-term market price of KRW 1,184,00,00 in total, six times in total, as described in the attached crime list.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the accused by the prosecution (including D and G installations);

1. A complaint;

1. Statement of D police statement;

1. Determination as to the Defendant’s assertion of the investigation report (a copy of the document of transaction between the complainants)

1. The defendant's assertion that the defendant did not have the intention to acquire the brain ginseng since he/she attempted to sell it and repay the price.

2. The circumstances revealed by the evidence duly adopted and examined by the court, namely, the Defendant was not in financial condition to the extent that it did not have any money to be used as a living expense at the time of the instant crime, and the Defendant sold the brain ginseng purchased from the victims and intended to pay the price for the goods to the victims as the sale price.