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

except that 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

Around November 21, 2012, the Defendant made a false statement to the victim E in D Co., Ltd., Ltd., Ltd., located in Geumsan-gun, Geumsan-gun, stating that “The Defendant would pay the price five days after credit on credit.”

However, at the time of fact, the Defendant had a debt equivalent to approximately KRW 230 million, and the raw ginseng purchased from another person was not paid, and there was no intention or ability to pay the price even if the raw ginseng was supplied from another person.

As such, the Defendant, by deceiving the victim, obtained raw ginseng equivalent to the total market value of KRW 17,853,00 from the victim and acquired it by deception.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the protocol concerning the examination of the accused by the prosecution;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Taking into account the circumstances leading to the instant crime and the circumstances after the crime);