A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On March 5, 2014, the Defendant made a false statement to the victim B, stating that “I will pay to you the price at the Mart, 2014, if I would supply you to you to deliver the outboard to Et in Busan.”

However, in fact, the defendant thought that he would not deliver Maart to the joint market, but put him to the auction, and that he would use it as living expenses, gambling funds, etc. even after receiving the sales price in excess of his obligation at the time, there was no intention or ability to pay the victim's out-of-the-counter payment.

Around March 10, 2014, the Defendant: (a) received from the victim of the victim’s deception and received Nonparty 101 boxes worth KRW 5,591,00,000 at the Sungju Joint Wholesale Market; and (b) received from March 30, 2014 the total amount of KRW 38,041,00,00 from the market price of Nonparty 60 boxes over six occasions, as shown in the separate crime list, from March 30, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of each financial transaction details and the Acts and subordinate statutes on credit sales;

1. The relevant Article of the Criminal Act and Article 347 (1) of the Criminal Act that prescribes the applicable criminal facts, the reasons for sentencing choice of imprisonment with prison labor;

1. The scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] general fraud category 1 (less than KRW 100 million) and the basic area (not less than six months to one year and six months) (no special person);

2. Determination of sentence recognizes and reflects the offense of this case. The fact that the Defendant has no criminal records of the same kind and suspended execution or more is favorable, and the fact that the Defendant was unable to pay damages even if the amount of damage was not high shall be considered as disadvantageous circumstances. In addition, considering the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances after the instant crime, etc., the sentence shall be determined as ordered.