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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal records] On December 23, 2015, the Defendant was sentenced to a suspended sentence of 2 years for fraud at the Seoul Southern District Court on August 23, 2015 and the judgment became final and conclusive on March 31 of the same year.

[2017 Highest 5810] The Defendant is a person who, from November 24, 2014 to March 3, 2015, operates the fixed point of “D” on the first floor of Yangcheon-gu Seoul Metropolitan Government Building C from March 3, 2015.

The Defendant: (a) had employees E, who may know of the fact, find H, operated by the Victim G located in Daejeon-gu Daejeon-gu, and instruct E to commence transactions with the victim; and (b) around January 14, 2015, at the above H office around 14:00 of the Defendant’s instruction, the victim “D engages in food sales business with the trade name,” and is engaged in transactions with the food processors across the country.

Once the payment is made, it is expected that the payment will be made by the method of paying the credit transaction price at the next transaction after receiving the meat from credit.

“.....”

However, in fact, since since November 2014, the Defendant had no operating funds from customers, and operated the meat supplied by other livestock products retail companies in the form of “return prevention” such as the resale of the meat supplied by other livestock products to other suppliers and the payment of the price for the supply of the goods by other suppliers, etc., the Defendant is supplied with the meat from the damaged persons.

(2) there is no intention or ability to pay the price normally.

Nevertheless, on January 22, 2015, the Defendant: (a) obtained the supply of 7 kinds of meat equivalent to KRW 58,621,010 in total from the victim, and obtained the pecuniary benefits equivalent to that of the said amount from the victim, by deceiving the victim; (b) around January 22, 2015, the Defendant received the supply of 7 kinds of meat equivalent to KRW 58,621,010.

[2018 Highest 1648] The Defendant operated from November 24, 2014 to March 3, 2015, as “D” from the first floor of the Yangcheon-gu Seoul Metropolitan Building to “D”.

On December 2, 2014, the Defendant secured “AJ as a new customer, operated by the victim I,” from E, a staff member of the lower court.