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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 25, 2017, the Defendant was sentenced to four months of imprisonment for fraud at the Seoul Central District Court, and the judgment became final and conclusive on August 28, 2017.
On December 2, 2016, the Defendant knew that C, an importer, was finding a place of sale for feed, etc. because it is difficult for C to use it for food, such as smelling, etc. at the time of import clearance, and purchased the above face value at the price of KRW 8,000 between C and C around December 2016, and sold profits at a higher price as if it was a normal face, and sold profits at a higher price.
Around January 19, 2017, the Defendant sold 13,000 won to the victim F of the victim F of the distribution business at a price much higher than that of the Si in the middle-gu Incheon, Jung-gu, Incheon. as if the Defendant concealed the fact that it is difficult to use 13,000 won for food on the ground of smelling and smelling, etc., the Defendant was issued 32,50,000 won as the down payment in the name of the Defendant’s 2,940 b,940 b,50,000 won as the down payment on January 20, 2017 to the victim F of the distribution business.
On January 24, 2017, the Defendant continued to sell more than 600 spores to the victim “as if it were a normal spores to be used for food,” and received KRW 5,836,00 from the victim as the price for the sale. The Defendant received KRW 5,836,00 from the victim as the said agricultural bank account.
Accordingly, the defendant deceivings the victim, thereby deceiving 38,836,00 won.
Summary of Evidence
1. Each legal statement of witness F and C;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Each transfer confirmation, a certificate of transfer, a certificate of transfer, a certificate of inventory of each warehouse, a certificate of return of the face value, a certificate of details thereof, a certificate of results of transfer, and a written confirmation;
1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of a report on investigation (the corresponding case of concurrent crimes A by a suspect);
1. Article 347 (1) and Article 347 of the Criminal Act as to the facts constituting an offense.