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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[criminal records] On July 3, 2009, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Seoul Eastern District Court for ten months, two years of probation, and one year of imprisonment with prison labor at the Seoul Central District Court for the same crime on July 11, 2013, and on June 27, 2014, the Seoul District Court sentenced one year and six months of imprisonment with prison labor for the same crime and completed the execution of the sentence at the Seoul Detention House on April 4, 2015. On May 28, 2015, the same court was sentenced to imprisonment with prison labor for the same crime and on October 20, 2015, and the probation period is currently under suspension of execution.
[Criminal facts] 2017 Highest 2610
1. On February 2016, the Defendant: (a) heard from the D office operated by the Defendant in the Seoul Special Metropolitan City Gwangjin-gu building C, the victim F requested that “I want to operate a restaurant at the H construction site located in G in G in G in G in G in G in Gyeonggi-si; and (b) makes a false statement to E that “I would not be the chairperson of H in Korea, and settle the work,” and E delivers the horses to the victim.
However, the Defendant did not know the president of H and did not have the right to operate the restaurant, so there was no intention or ability to allow the victim to operate the restaurant even after receiving money from the injured party.
The Defendant, from the victim to the J bank account (Account Number:K) in the name of the Defendant, wired the Defendant with a total of KRW 40 million, including KRW 10 million on March 24, 2016, KRW 20 million on April 7, 2016, and KRW 10 million on April 29, 2016.
2. On April 2016, the Defendant displayed a contract, etc. to E at the office described in paragraph (1) around April 2016 and agreed with O to operate the funeral hall, M funeral hall, and N funeral hall.
A false statement was made that 100 million won will be paid to Liber funeral service, and E sent the victim F his speech.
However, since the defendant did not have the right to operate the funeral hall, the defendant has the victim receive money from the injured party.