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 August 8, 2017, the Defendant made a false statement to the victim C at the Defendant’s office located in Jongno-gu Seoul, Jongno-gu, Seoul, stating that “I would want to engage in the original transaction. I will provide the original group and make settlement at the end of the following month.”

However, at the time of fact, the value-added tax was in arrears with KRW 10 million, and until September 2017, the Plaintiff was supplied with KRW 146,722,414 and paid KRW 17,00,000 among them, and the Plaintiff was liable for the remainder of KRW 100,000,000, and the transaction partner was also liable for the payment of KRW 10,000,000. From May 2017, 2017, there was no intention or ability to pay the payment of KRW 11,212,328 with the wage and retirement allowance attached to the employee. Thus, even if the Plaintiff was supplied with the original amount, there was no intention or ability to pay the payment within the agreed date.

Around August 24, 2017, the Defendant: (a) by deceiving the victim as above; (b) received the original group of KRW 10,718,500 (6,305) equivalent to the market price of KRW 10,718,50 at the above location; and (c) obtained a total of KRW 33,620,70,00 from around that time to September 6, 2017 from that time, and acquired the original group of KRW 33,620,70 as indicated in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. The police interrogation protocol of the accused (including the C’s statement);

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a cash custody certificate for the proceeds of goods, a memorandum of default, a statement of payment of the proceeds of goods, and a statement of supply;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The defendant was unable to receive a letter from the victim; circumstances favorable to the defendant's degree of damage caused by the fraud of this case are not minor: The defendant's cash payment, return of the original body, etc. are partly recovered, and the defendant is a different type of crime.