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

Punishment of the crime

[Criminal Power] The defendant was sentenced to imprisonment with prison labor and six months for fraud on June 14, 2019 at Ansan District Court, for the same year and six months.

9. 23. The judgment became final and conclusive.

【Criminal Facts】

The defendant is a person who operated Ccosmetic (in the case of a kind of powder store) in the area B and the third floor in Sungnam-si, Sungnam-si, and the victim D is a person who engages in the wholesale and retail business of cosmetics.

Around June 11, 2018, the Defendant made a false statement to the victim that “A large amount of cosmetics is supplied to Chinese consumers” and “A large amount of cosmetics equivalent to KRW 33 million shall be paid within one week after taking over, and thereafter, a transaction shall be made in a larger amount of money.”

However, in fact, the defendant did not have any special property at the time, and there was low import of cosmetics operated at the time, and there was no intention and ability to pay the price even if he was supplied with cosmetics from the victim, such as that he had a debt of 200 million won or more from other persons at that time and did not pay the monthly rent of the restaurant operated.

Ultimately, the Defendant, by deceiving the victim as above, obtained property benefits equivalent to KRW 33 million due to the receipt of approximately 93,00 12 cosmetics, including approximately 100 cosmetics and a total of 503 cosmetics from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Before and after ruling: Application of inquiry reports and investigation reports (former and attachment of judgment), including criminal records, to statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The order is based on the following circumstances in the sentencing of the latter part of Article 37 and Article 39(1) of the Criminal Act, and other conditions in the sentencing recorded in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime.