A defendant shall be punished by imprisonment for six 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

On March 23, 2016, the Defendant made a false statement that the Defendant would immediately pay the price when purchasing 50,000 won from the victim in Jindo-gun C located in Jindo-gun, Jindo-gun, which is operated by the victim B.

However, in fact, the Defendant did not have sufficient funds to pay the price of the uniforms, and was obligated to pay KRW 430 million, and was planned to use the uniforms first to the funds for the operation of the aquaculture even if they were sold in the form of the uniforms, so there was no intent or ability to pay the price even if they were to purchase the uniforms from the victim.

As such, the Defendant, by deceiving the victim, was given the delivery of 50,000 won of the complete reinstatement of 12 million won from the seat.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation report (Evidence Nos. 9);

1. Application of the written complaint, protocol of compromise, and detailed Acts and subordinate statutes;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months.

3. Determination of sentence: In light of the fact that six months of imprisonment with prison labor, two years of suspended sentence, the criminal defendant was unaware of the victim, the criminal defendant was not able to use the victim, and the criminal defendant did not make specific efforts until now to recover from the damage, it is necessary to punish the criminal defendant strictly.

However, the fact that the defendant recognizes his mistake and reflects, the fact that the defendant is punished in excess of a fine or has no record of being punished for the same kind of crime, etc. shall be considered as favorable to the defendant, and the age, character and conduct of the defendant.