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

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

Punishment of the crime

[criminal power] On June 13, 2019, the Defendant was sentenced to six months of imprisonment with prison labor for night building intrusion theft at the Daejeon District Court. The Defendant appealed to the same court, but was dismissed on October 10, 2019. On February 14, 2020, the Supreme Court dismissed the appeal and the judgment became final and conclusive.

【Criminal Facts】

On November 26, 2018, the Defendant made a false statement to the victim D, “C” located in Geumsan-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant would pay ginseng to the victim D on the next following day.

However, in fact, even if the ginseng was processed and sold, the Defendant did not have the intention or ability to pay the price according to the agreement even if the ginseng was supplied by the victim because of the urgency in returning the existing debts even if the ginseng was sold by processing.

The Defendant received from the victim the total amount of KRW 21,602,00,000, ginseng 1,815.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Letter of payment;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of the progress of a separate trial), and the application of statutes as a result of inspection of a Konet case;

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 Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Even before the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, there is a history of being punished for larceny, etc.; although the crime of this case is not good, the act of this case is agreed upon by promising repayment to the victim; the latter part of Article 37 of the Criminal Act is concurrent crimes; the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime; and other circumstances constituting the conditions for sentencing as shown in the argument of this case, such as the circumstances after the crime, shall be determined as ordered.