A defendant shall be punished by imprisonment for four months.

Punishment of the crime

The Defendant, in the course of engaging in retail business of coffee and coffee equipment in the trade name called "C," No. 2, No. 1310, 1804, the Defendant:

3. On December 12, 200, at the victim E office located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government (hereinafter “Seoul Mapo-gu”) the victim’s “in full amount of the purchase price, the coffee machine will be supplied to the victim by April 18, 2014.”

“.......”

However, at the time, the Defendant did not have any particular property, while at the time did not have any intention or ability to deliver coffees to the victim, because the Defendant only bears a considerable amount of debt due to business depression, and even if he receives the payment from the injured party, it is inevitable to use it in repayment, etc. of existing debts.

The Defendant, from March 12, 2014 to March 12, 2014, has been suffering from damage under the pretext of coffee money.

4. From November 1, 200, a total amount of KRW 25.8 million was received through a delivery of 4 times in total, such as the list of crimes in the annexed sheet, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement in the police statement protocol against E;

1. The relevant legal provisions and the grounds for sentencing of punishment under Article 347(1) of the Criminal Act with regard to the facts constituting a crime subject to the application of each statute stated in the delivery contract, quotation, business registration certificate, credit card sales slips, account transfer statement, account transfer statement, and account transfer statement in the name of the suspect;

1. The scope of the recommended punishment on the sentencing criteria / [type] general fraud, the area of mitigation of type 1 (less than KRW 100 million) (special mitigation) [the scope of the recommended punishment] in cases of willful misconduct (the scope of the recommended punishment], one month to one year;

2. A sentence shall be imposed on the Defendant in light of the fact that the decision of sentence was not agreed with the victim and that the damage was not recovered significantly.

However, there is no particular criminal history to consider both shapes of the defendant, and this case.