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

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

Punishment of the crime

[criminal record] On February 4, 2016, the Defendant was sentenced to one year of suspended sentence on six months of imprisonment for a crime of violating the Punishment of Tax Offenses Act at the Seoul Northern District Court, and the said judgment became final and conclusive on February 12, 2016.

[2] The Defendant: (a) operated a company manufacturing and distributing clothing with the trade name of “C”; (b) requested manufacturing from the merchants of the Dongdaemun-gu Clothing Market to the Chinese factory; and (c) supplied the goods to the said merchants.

1. On July 29, 2015, when entering into a contract with the victim D to request the production of clothes at the Defendant’s “C” office located in Jongno-gu Seoul Metropolitan E building, the Defendant would make the victim “ 300 hyping hyping 300 in the Chinese production plant and deliver it until October 30, 2015.

When intending to proceed with a misunderstanding, 15 million won, which is 80% of the down payment, shall be paid in advance.

“A false statement” was made.

However, the defendant suffered loss of approximately KRW 120 million due to the contract for the manufacture of clothes concluded with another trading company at that time, and failed to pay the outstanding amount to the existing trading company, and thus it is difficult to proceed with the additional order. Since it is unclear whether the production of the clothes ordered by the injured party in the Chinese production plant is possible or not, it is unclear whether it is possible to order the goods, and thus there is no intention or ability to manufacture and deliver the clothes as promised even if he receives money from the injured party.

The Defendant, as such, by deceiving the victim, received 15 million won from the injured party under the pretext of the good faith for manufacturing clothes.

2. Around August 5, 2015, the Defendant entered into a contract with the victim F to request the production of clothes at the same place as the above No. 1. 1., and concluded a false statement on the victim F, stating that “The Defendant would make the victim manufacturing factory in China manufacturing the Hand 600 head and deliver the whole amount of the down payment to the first patrol officer until November 2015.”

(b).