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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. Around July 25, 2017, the defrauded B concluded a contract with the victim B, who was known from China in the past at the Defendant’s residence located in Yeongdeungpo-gu Seoul Metropolitan Government, to import and supply the robot cleaning apparatus, a dust cleaning apparatus, and a vehicle air cooling apparatus to customers at this time, and if the Defendant borrowed funds to be used for importing the said goods, he/she would refund the principal up to August 31, 2017, adding 6 million won to the principal amount.
However, at the time, the Defendant had discussed the agreement on the supply of goods such as the above robot cleaning machine with the FF corporation at the time, but the negotiation was not concluded, and there was no transaction partner to deliver the goods such as the above robot cleaning machine even if imported from China, and some of the borrowed money from the victim was thought to be used for personal purposes such as living expenses of the Defendant, so there was no intention or ability to repay the borrowed money within the agreed time limit.
From August 4, 2017 to August 7, 2017, the Defendant, by deceiving the victim as above, received KRW 25 million in total from the bank account in the name of the Defendant to the G bank account in the name of the Defendant during the period from August 4, 2017 to from August 7, 2017.
2. Around May 2018, the Defendant: (a) introduced the Victim I to the effect that “A victim I was introduced for business purposes on the part of Suwon-gu J hotel 1st, Suwon-gu, Suwon-si to the effect that “A business is engaged in retirement expenses, food treatment equipment, household garbage reclamation, and mobile toilets in China,” and then, (b) during May 2018, the Defendant would subsequently distribute profits to the Victim on the part of the Defendant.
And the Republic of Korea is China.