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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
"2013 Highest 2956"
1. Fraud;
A. On December 2, 2011, the Defendant made a false statement that “F office located in Eunpyeong-gu Seoul Metropolitan Government E” would pay the victim G the cost of banners, etc. within two months if the victim G would be supplied.”
However, the defendant did not have the intention or ability to pay the price even if he is supplied with the board of banner, etc. from the victim.
As such, the Defendant, by deceiving the victim, received the original set of banners, etc. equivalent to KRW 288,002 on the same day from the victim. From around that time to August 11, 2012, the Defendant acquired the total amount of KRW 91,619,013 through 125 times, as indicated in the attached Table of Crimes (1).
B. Around October 18, 2011, the Defendant issued to the victim G a promissory note with “H” and “15,000,000 won” at the same place as the foregoing paragraph (a). The Defendant made a false statement to the effect that “10,000 won shall be paid in the original amount and the remainder of five million won shall be deposited in the head of the Tong. If a bill is defaulted, the amount deposited shall be returned.”
However, even if the above bill is defaulted, the defendant did not have the intention or ability to return the deposited money to the victim.
Around October 19, 201, the Defendant, by deceiving the victim, received KRW 5,00,000 from the victim to the bank account under the name of J, and acquired a total of KRW 16,50,000 through three times, as indicated in the separate crime list (2) from around that time to June 8, 2012.
2. From around 2009, the Defendant in breach of trust operated a banner producer with the trade name “F” in Eunpyeong-gu Seoul E from around 2009, and was liable for 27,000,000 won against the victim D as of January 25, 2012.
around January 25, 2012, the Defendant is the law firm of 108 building in Yangcheon-gu Seoul, Yangcheon-gu. 1009-6.