A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

[criminal power] On May 9, 2019, the Defendant was sentenced to a suspended sentence of ten months for fraud in the Suwon District Court’s Ansan Branch, and the judgment was finalized on May 17, 2019. On February 19, 2019, the Defendant was sentenced to a suspended sentence of two years for eight months for the same crime at the Busan District Court, which was sentenced to a suspended sentence of eight months for the same crime. The judgment was finalized on July 6, 2019.

【Criminal Facts】

On August 5, 2018, the Defendant: (a) at the office of Seocho-gu Seoul Metropolitan Government building B and Ch subparagraph D Co., Ltd., the Defendant stated, “I would pay for the immediately after receiving the payment of the amount of charcoal from Vietnam to the customer, if I would import 22 tons of charcoal from Vietnam, and send it to the customer; and (b) around October 5, 2018, the Defendant had the victim deliver KRW 36,78,389 of the market price at H, operated by G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the Gyeongbuk-gu, Chungcheongnam-gu, Seoul Metropolitan Government.

However, in fact, the defendant did not have fixed income, and it was in a state of financing difficulties due to the default of corporate tax, etc. of I operated at the time, so even if he received the coal payment from the above H, he thought that it would be used as a means of living expenses and the debt repayment, etc. of I, and therefore there was no intention or ability to pay the coal payment to the victim.

Accordingly, the defendant deceivings the victim as above and acquired the property from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (the complainant's submission of data - Detailed Statement of Transactions);

1. A detailed statement of import and logistics expenses, an import declaration form, a J account in the name of the International Bank of Bankruptcy, and K account;

1. Previous convictions in judgment: Criminal records and the application of statutes governing judgment;

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

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. The suspended execution of Article 62(1) of the Criminal Act is against the recognition of the crime for sentencing, the full agreement with the victim is reached, each crime of fraud as stated in the judgment becomes final and conclusive, and the latter part of Article 37 of the Criminal Act.