A defendant shall be punished by imprisonment with prison labor for four months.

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

Punishment of the crime

On January 9, 2015, the Defendant made a false statement by phone call to C, who is an employee of the victim B, to “on the face of supplying 100 gambling 100 straws, the price would be transferred to the account after three days.”

However, at that time, the Defendant had a debt equivalent to KRW 70 million and was urged by other clients to pay the outstanding amount, so even if he received the above kinds of money from the injured party, he did not have the intent or ability to pay the price for the goods within 3 days as agreed with C, even if he did not receive the above kinds of money from the injured party.

The Defendant acquired the imported meat amounting to KRW 18,496,00 from the E freezing warehouse located in Heung-gu, Young-gu at the same time from the injured party on the same day and acquired it by deception.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on transaction statements;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the community service order [type of determination]