A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On October 9, 2018, the Defendant began trading with the victim C, who supplied eggs from the victim and distributed the eggs from the victim around that time, stating that “The victim would supply eggs and settle the proceeds later.”

However, in fact, the Defendant was in excess of the obligation due to the Defendant’s failure to repay the amount equivalent to KRW 1.6 billion at the time when the transaction was discontinued with D around 2017, and even if the amount of the supplied goods was distributed after being supplied with eggs from the beginning of 2019, the amount of the supplied goods remains accumulated, so even if the goods were distributed after being supplied with eggs, it was not necessary to prevent the repayment of the obligation. Therefore, even if the amount was supplied with eggs from the victim, the Defendant did not have the intent or ability to pay the entire amount of the supplied goods, except

As such, the Defendant: (a) by deceiving the victim; (b) from around that time to July 27, 2019, the Defendant supplied the amount of money equivalent to KRW 302,764,100 in total from around 25 times, as indicated in the list of crimes, and did not pay the amount equivalent to KRW 120,630,70.

Accordingly, the defendant, by deceiving the victim, acquired financial benefits equivalent to 120,630,700 won for the supply of unpaid goods.

Summary of Evidence

1. Statement by the defendant in this court;

1. Partial statement of the police suspect examination protocol against the defendant;

1. Application of the Acts and subordinate statutes to entry into the police statements and written statements of each specification of transactions to C (the representative F of the E and telephone conversations);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [the determination of types] shall be limited to fraud [the type 2], the amount of more than KRW 100 million, and the amount of less than KRW 500 million (the amount of special punishment]: The amount of punishment is not punishable.