A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On April 19, 2015, the Defendant made a false statement to the victim E, “When sending 2,10km on April 21, 2015, the Defendant would immediately pay 97,740,000 won to the victim E,” at D fishing grounds located in Boan-si C.

However, the defendant was only liable for the amount of KRW 45 million without any particular property at the time, sold the flowers that he received from the victim to other places, and only he was able to preferentially repay the above personal debt with the money, but he did not have the intention or ability to pay the price to the victim.

The Defendant, from April 20, 2015 to April 21, 2015, received 3,970 g of a total market value of KRW 97,740,00 from the victim, and did not pay the price.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Statement of the police statement of E;

1. Report on investigation (Evidence Nos. 6) and application of Acts and subordinate statutes on account transactions;

1. Determination as to the assertion of the Defendant’s choice of imprisonment, Article 347(1) of the Criminal Act and Article 347 of the same Act regarding criminal facts

1. The summary of the argument is that the defendant did not deceiving the victim E as stated in the facts constituting the crime in the judgment, and there was no intention to commit the crime by deception.

2. The following circumstances acknowledged by the evidence duly adopted and examined by this court, and ① The victim E consistently stated from the investigative agency to this court that “If the Defendant sent a fireworks and a fireworks to be supplied to him/her, he/she would immediately pay the price, and then supply 3,970 km to the Defendant on credit.” The victim E provided the victim to F in the old fishery market.