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

Punishment of the crime

[Criminal Records] On October 12, 2016, the Defendant was sentenced to imprisonment with prison labor for one year and two years of suspended execution, etc. at the Seoul Southern District Court, and the judgment became final and conclusive on the 20th day of the same month.

In addition, on December 21, 2017, the Defendant was sentenced to two years of imprisonment for fraud in the same court, and the judgment became final and conclusive on February 28, 2018.

[2] The Defendant stated that he was a person who actually operated B Co., Ltd. (hereinafter “instant company”), and that “When he was to supply goods, he would have paid the price in cash by the end of the following month to D, who was the representative director of the Victim C Co., Ltd., the victim Co., Ltd., from among his scam on September 2015, the Defendant provided false statement to the effect that “if he was to supply goods, he would have paid the price in cash.”

However, in fact, the Defendant did not have any special property or monthly income at the time, and the instant company has been urged from the first police officer on August 2015 to pay a debt amounting to KRW 380 million or more from creditors, and thus, even if the goods are supplied from the injured party, there was no intention or ability to pay the price on the date of promise.

Nevertheless, the Defendant deceivingd D as above, and was supplied with white pipes equivalent to KRW 77,894,916 on three occasions from October 2015 to October 2015 from the first patrol officer of the Republic of Korea to the first patrol officer of the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Three copies of a letter of commitment to payment;

1. Two copies of a written performance;

1. A process deed;

1. Criminal records as stated in the judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report attached to the same criminal suspect's judgment, etc.), judgment (Seoul Southern District Court Decision 2017No. 1293, 2231 (Joint) and judgment (Supreme Court Decision 2018Do9801) and statutes;

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. The latter part of Article 37 of the Criminal Act concerning concurrent crimes: Provided, That the judgment on the assertion by the defendant and his/her defense counsel under Article 39(1)

1. The intent of defraudation;

A. The Defendant alleged substantial.