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

Punishment of the crime

The Defendant is a person who operates a restaurant with the trade name of “C” on the B1st floor of Busan Jin-gu, Busan, and a land wholesale and retail business entity “D”.

On February 2, 2017, the Defendant stated that “I would like to engage in meat trade.” On the fifth day of each month, the Defendant would pay 80% of the supply value due to the pre-existing customer attempted settlement, and thereafter make payment in full.”

However, at the time, the Defendant had already failed to pay the price properly to many suppliers, such as G and H, and even there was no intention or ability to pay the price of supplied goods by the victim by providing the goods supplied by the victim to the customer as the substitute payment.

Ultimately, the Defendant, by deceiving the victim as above, was supplied from March 2, 2017 to April 29, 2017 to the victim with 157,679,528 won at the market price.

Summary of Evidence

1. Statements concerning the accused in part of the protocol of interrogation of the suspect (including cross-examination of the F);

1. Customer director, electronic tax invoice, and notarial deed;

1. Each written petition;

1. Application of Acts and subordinate statutes as a copy of I Customer Director;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. The scope of recommendation types according to the sentencing criteria [the scope of recommendation types] general fraud types 2 (the amount exceeding 100 million won, the amount below 500 million won) and the basic area (one to four years) (the special person) of the sentencing criteria; and

2. Circumstances disadvantageous to the decision of the sentence: The most of the price of the goods is not repaid, the favorable circumstances that are favorable to the fact that the person has been sentenced to the suspension of the execution of imprisonment for the same kind of crime: The part of the price of the goods was paid (59.5 million won). The payment was made to E in a criminal trial, and all of the sentencing conditions including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime are considered.