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

[criminal power] On December 23, 2015, the Defendant was sentenced to a suspended sentence of two years for a period of ten months, which was sentenced to imprisonment for fraud in the Suwon District Court Ansan branch, and the judgment became final and conclusive on September 8, 2016.

【Criminal Facts】

[2016 Highest 357] The Defendant is a person who operates a wholesale and retail business with the trade name of “EM” in the D market located in Ansan-gu Mangyang-si, Gyeonggi-gu, the Defendant was able to obtain money from the operator of the wholesale and retail business, and, at the time of the supply of the first task from the Japanese brokerage, he was able to make the other party trust the Defendant’s credit, and to obtain money by means of fraud, such as payment in cash with a large quantity of excess work and payment in credit.

1. On October 2012, the criminal defendant against the victim F would pay the victim F the amount to the victim F immediately after the receipt of the delivery of the excess, such as an annual city, at the above place.

However, in fact, the Defendant was unable to pay the supply price to other trading companies as the bad credit standing due to the excess of the obligation at the time. Since the Defendant was in an economic difficult situation, such as being closely related to the above company and residence, there was no intention or ability to pay the price immediately even if the Defendant received the excess payment from the victim.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received an excessive amount of KRW 5,00,000,000 from the victim on October 12 of the same year; and (c) did not pay the amount of KRW 986,00,00; and (d) did not pay the amount of KRW 986,00.

2. Around April 2014, the criminal defendant against the victim G would pay the victim G the amount immediately after receiving the delivery of the victim’s “stomatoma, off, etc.” at the above place. The criminal defendant made a false statement.

However, the defendant has the intention or ability to pay the price even if he receives an excessive delivery from the victim as described in paragraph (1).