A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 16, 2016, the Defendant stated that “The Defendant would pay the victim KRW 27.6 million in consideration of the price from October 15, 2016 to the 110,000,000 in consideration of the Jeju-do, Jindo-gun’s whole uniform model, which was located in Jindo-gun C, to the extent that the victim would prepare a notarized document on the cryp, bryp, vessel, etc. as security.”

However, the defendant did not have the intent or ability to provide security or pay the price even if he/she received the return from the injured party in excess of his/her obligation.

However, the Defendant received 110,000 won from the injured party on the same day of the market price of 27.6 million won from the injured party and acquired the 110,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A copy of the judgment, and a copy of execution clause;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order was that the Defendant was liable for considerable debts, and there was no particular method to pay the price, and the Defendant acquired it by hiding it and receiving a delivery of a considerable amount of a full-scale uniform failure.

The Defendant has not yet recovered from the damage, and failed to reach an agreement with the victim.

However, the defendant acknowledges and reflects his/her mistake, and there is no special criminal history except that he/she has been sentenced to a fine twice due to the crime of double species.

The defendant made efforts to recover damage by depositing a certain amount for the victim.

In addition, the punishment shall be determined as ordered in consideration of all the sentencing grounds shown in the instant trial proceedings, such as the age, circumstances of the crime, and circumstances after the crime.