A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[Criminal record] On April 29, 2016, the Defendant was sentenced to a suspended sentence of two years for fraud at the Daegu District Court on August 29, 2016, and the said judgment became final and conclusive on May 10, 2016.

[2] The Defendant, from around May 201 to around May 2013, 201, is a person who has engaged in the artificial insemination business in the name of “D” in Daegu Suwon-gu.

1. On November 2012, 2012, the Defendant said that “The Defendant would pay the Victim E, a staff member of the Victim E, by the last day of the following month, if he/she supplied the Victim E with materials, such as others.”

However, under the circumstances that the Defendant, without any particular property or profit at the time, should make a fixed disbursement of the amount equivalent to KRW 200-30 million each month to pay monthly salary or office rent, there was difficulty in economic circumstances, such as having to borrow money from a third party to appropriate funds for the operation of the company, and there was only an uncertain plan to pay the amount to the victim with profits earned from the operation of the Defendant’s business. Thus, even if the Defendant received the materials from the injured party, the Defendant did not have any intent or ability to pay the entire amount until the date of the promise.

The Defendant received materials, such as the total market value of KRW 5,897,983 from the damaged party from November 24, 2012 to May 17, 2013, including “I restaurant” construction sites, at the construction site of a total of 17 construction site from around November 24, 2012.

Accordingly, the defendant was given property to the victim by deceiving the victim.

2. On January 2013, the Defendant stated that “The Defendant would pay the victim the price for the material, such as electric lighting, immediately if he/she would supply B with such material.”

However, in fact, even if the defendant receives materials from the injured party for the same reasons as the statement in paragraph 1, he shall pay the whole amount until the promised date.