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

Punishment of the crime

【Criminal Power】 On September 3, 2013, the Defendant was sentenced to eight months of imprisonment for a crime of fraud at the Jung-gu District Court, which became final and conclusive on January 16, 2014, and on March 21, 2014, the judgment was finalized on October 10, 2014 after being sentenced to ten months of imprisonment for a crime of fraud at the Jung-gu District Court.

【Criminal Facts】 The Defendant is a person who has run a wholesale and retail business from around 2007.

From March 2012, the Defendant borrowed money from C as the price for the purchase of clothes, but unlike the plan, the Defendant was unable to pay the price for the purchase of clothes, and the Defendant incurred a debt equivalent to KRW 70 million on December 2012, 200. The outstanding amount for the clothing suppliers, such as D, was exceeded KRW 30 million, and the Defendant was also demanding the creditors to pay the money for the purchase of clothes.

피고인은 2012. 12. 22.경 서울 영천구 목동역 근처에 있는 상호를 알 수 없는 커피숍에서, 피해자 E에게는 이와 같은 사정을 얘기하지 않고 “땡처리 옷을 싸게 구입하여 3일에서 7일 내로 이를 되팔아 원금과 이에 따른 수익금을 주겠다, 의류를 구입할 대금을 빌려 달라”라고 말하였다.

However, even if the defendant receives money from the victim, he/she did not think that he/she will use it as the price for clothes, but did not use it as the price for clothes, and only a part of it is used as the price for clothes purchase, and even if he/she sells the purchased clothes, he/she thought that he/she would use the money from the victim by using it as a "lost" method, such as paying the outstanding amount, etc., and there was no intention or ability to pay other profits

The Defendant, as such, by deceiving the victim, received from the victim a transfer of KRW 700,00,000,000 from the victim in sequential order around December 22, 2012, and from around that time until February 1, 2013.