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 January 3, 2013, the Defendant: (a) performed ginseng trading from around 2011 with the victim E who operated Chungcheongnam-gun, Chungcheongnam-gun; (b) around August 2012, the Defendant confirmed that the credit amount to be paid by the Defendant is KRW 104,995,00,00 in the above D around January 17, 201, when the Defendant had transacted with the Defendant from around August 3, 2012 at the Defendant’s request; and (c) on January 17, 2013, the Defendant stated that “if it is possible to purchase ginseng on credit, the Defendant would pay the amount of the credit amount to be paid to the Defendant as the profits from the sale of the ginseng, and as soon as possible.”

However, around this time, the Defendant purchased all of his own housing and apartment houses, and therefore, it was in the situation where 2.3 million won per month interest on loans was disbursed every month, and there was little property value. Other than the victim, there was no way to make profits except for the sale of ginseng without the ginseng supply source. The amount of profits was about 15%, which was generated from the sale of ginseng, and around early 201, it was used to pay approximately 25 million won of the credit amount which was not paid in transactions with other ginseng companies around early 201, and around 20 million won of the credit amount which was not paid in transactions with other ginseng companies. Moreover, even if it was difficult to notify the victim of the above situation that there was no intention or ability to pay the above sales amount due to the above circumstance, even if there was no intention or ability to pay the credit amount to pay the above.

As above, the Defendant deceivings the victim as above and is equivalent to KRW 808,00 on January 17, 2013 from the victim.