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A defendant shall be punished by imprisonment for not less than three months.
Reasons
Punishment of the crime
【Criminal Power】 On September 23, 2015, the Defendant was sentenced to four years of imprisonment for a crime of fraud at the District Court of Jung-gu on September 23, 2015, and the said judgment became final and conclusive on December 10, 2015.
【Criminal Facts of Crimes” from February 2, 2008, the Defendant: (a) in the business of having an office in the name of “D” and distributing freezing materials in the Guri-si; (b) in ordering a customer to pay a small amount of goods without delay; (c) in order to make the customer to trust the Defendant; and (d) in order to acquire transaction goods by taking advantage of such trust, by taking advantage of the transaction company’s reliance on the Defendant’s business owner; and (c) without paying the price.
On December 15, 2013, the Defendant made a false statement to the victim E, stating, “The Defendant would immediately pay the price on the face of the week by supplying the salted fish.”
However, the Defendant had the obligation to pay to the traders at the time, and operated the business by the so-called “fluoring” method. Even if the Defendant was supplied with freezing fishery products from the victim, he/she did not have the intent or ability to pay the price as agreed.
Nevertheless, as above, the Defendant: (a) by deceiving the victim; (b) received 2 kgs of KRW 6,300,000 in the market value of the same day from the victim; and (c) received 100 kgs in the salted fish amounting to KRW 6,00,000 in the market value; and (d) received 20 kgs of KRW 30,000 in the market value of January 2, 2014, and received 500 in the salted fish.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Statement of transaction, acceptance certificate, and order sheet;
1. Criminal records as stated: To apply criminal records, inquiry reports, investigation reports (Attachment to the same type of crime judgment) and other statutes;
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;
1. Reasons for sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Act to treat concurrent crimes.