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A defendant shall be punished by imprisonment for two years.
The defendant shall pay 591,500 won to the applicant for compensation by deceit.
3.2
Criminal facts
Some of the facts charged were corrected.
[2018 Highest 1097] On February 6, 2014, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Busan District Court. On July 30, 2014, the parole period expired on September 23, 2014 during the execution of the sentence.
1. On January 2017, the Defendant: (a) made a false statement to the effect that “The Defendant, upon the payment of the purchase price of agricultural products, phone called to the victim C and paid the purchase price to the victim, “The Defendant operates the vehicle club with only a number of members, and would sell agricultural products to the State members and pay the purchase price after selling the agricultural products to the State members.”
However, at the time, the Defendant had no particular property, and some of the supplied agricultural products were sold at low prices, and the sales proceeds were thought to be used first for the purpose of personal living expenses, etc., so there was no intention or ability to pay the price even if the agricultural products were supplied by the victim.
Ultimately, the Defendant, by deceiving the victim as above, did not pay sales proceeds equivalent to KRW 37,903,110, and acquired pecuniary benefits equivalent to the same amount, even if the Defendant was provided with agricultural products equivalent to KRW 84,052,070 in total at 24 times from February 14, 2017 to March 24, 2017.
2. On April 1, 2017, the Defendant: (a) posted a letter on the Internet community site D, which is an Internet community site; and (b) falsely read that “When sending money, he/she will sell money at low prices of agricultural products, such as bed and rice, etc.” to the victim E who contacted the Defendant by reporting that “I will sell money at low prices of agricultural products, such as bed and rice, if you send money.”
However, at the time, the Defendant did not have agricultural products such as sediment and rice, and received money from the victims, not purchase agricultural products such as sediment and rice.