A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On February 12, 2015, the Defendant was sentenced to a suspended sentence of ten (10) months in the Daejeon District Court for criminal fraud, and the judgment was finalized on the 24th of the same month.

From July 2009 to July 2013, the Defendant carried out the freight trucking and intermediation business with the trade name “C” from C, a “stock company.”

On February 20, 2013, the Defendant made a false statement to the victim E at the above company’s office that “if the Defendant loaded cargo at the CJincheon-ro Office and transported it to the Han Jin-jin-do Office, he would pay the freight charge on the last day of the following month.”

However, since from December 2012, the defendant had no intention or ability to pay the transport fee to the transport company since it was difficult to operate the company, as well as to pay the transport fee to the transport company due to financial difficulties such as the burden of the obligation equivalent to KRW 900 million.

As above, the Defendant deceivings the victim as above, and caused the victim to be affiliated therewith from April 1, 2013 to the same year.

5. Until March 31, 200, a total sum of KRW 7,082,461 was not paid even though the freight was transported by Franchising Franchising, thereby acquiring pecuniary profits equivalent to that amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A tax invoice and a vehicle transport contract;

1. Application of Acts and subordinate statutes to criminal investigation reports (Attachment of penalty power);

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. The latter part of Article 37 and the main sentence of Article 39 (1) of the Criminal Act concerning concurrent crimes (the crime and fraud for which judgment has become final and conclusive);

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. It is not good that the defendant's act was committed for the reason of sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc., but is against the defendant, and the crime that could have been sentenced together with the above crime.