A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On July 20, 2010, the Defendant, at DB located in Yeongdeungpo-gu Seoul Metropolitan Government DB, sent 20 kilograms rice 1,420 grams to the victim DD to the U.S. located in Dong-gu, Seoul Metropolitan Government, stating that “If the Defendant sent the 20 kilograms rice 1,420 grams to the U.S. Y, the Defendant would return the funds to the DC’s rice purchase fund, etc. and would pay 5 million won of the price and profits after one week.” The Defendant provided the victim with 1,420 grams of rice to the above U.S.

However, at the time of fact, the Defendant received demand for repayment of KRW 50 million for the Defendant’s personal debt, and even if he received and sold rice from the victim as above, he would be able to repay his personal debt instead of using the sales proceeds as the operation funds of the DC. Even if he was supplied with rice as above from the victim, even though he did not have the intent or ability to pay the price and profit normally, he obtained the rice from the victim with the market price of KRW 42.6 million.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness DD, DF (part), and DG;

1. Each prosecutor's interrogation protocol concerning the accused and DF;

1. Statement by the police about D;

1. A fact-finding certificate of DG;

1. A basic contract for the supply of goods, contract, text message, statement of transactions, copy of passbook, and recording;

1. Application of statutes concerning criminal records;

1. Article 347(1) of the Criminal Act applicable to the crime of this case provides that there are favorable circumstances to the defendant, such as the fact that the defendant has not been sentenced to imprisonment with prison labor and/or a sentence, and that the defendant has repaid the defendant a debt of KRW 15 million for the victim. However, in light of the method and result, the crime of this case is highly heavy in view of its nature and crime, and even though the period of time has elapsed after the crime, a considerable portion of damage is still not recovered. In addition, all circumstances, such as the motive and circumstance for the crime of this case, relationship between the defendant and the victim, circumstances after the crime, the defendant's age, occupation, family relationship, health status, etc.