A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On October 14, 2014, the Defendant was sentenced to a suspended sentence of four months for a crime of fraud in the Jeonju District Court and the Eup branch court, and the said judgment became final and conclusive on October 22, 2014.

On September 2012, the Defendant received a request from the victim E to lease farmland in lieu of farmland to cultivate ancient horses in the residence of the Defendant located in the Gosong-gun, Jeon Chang-gun, North Korea.

1. Around October 16, 2012, the Defendant made a false statement that “The Defendant called the victim at a remote place (hereinafter referred to as Go Chang-gun) and called “a dry field with which he/she can cultivate Go-gu, and transferred the down payment necessary for leasing the dry field and the money necessary for leasing other farmland.”

However, even if the Defendant received from the victim the lease cost of farmland for the purpose of cultivating ancient horses in advance, he did not have the intent or ability to rent the farmland for the purpose of cultivating ancient horses.

The Defendant received KRW 20,00 from the Defendant’s agricultural bank account (Account Number F) in the name of the Defendant, for the purpose of leasing the farmland in Mapo-gu.

Accordingly, the defendant was given property by deceiving the victim.

2. On December 15, 2012, the Defendant made a false statement that “The Defendant called the victim at H’s office located in the Gosong-gun G, Gosong-gun, Gosong-gun, with the amount of money necessary for the lease of the said dry field is KRW 38.5 million, and sent the said money to others.”

However, the Defendant leased land of 13,500 square meters and 8,500 square meters in J for the purpose of drinking land, and even if the Defendant received the lease cost in advance from the victim, he did not have the intent or ability to rent farmland for the purpose of cultivating the ancient-gun.

The Defendant received KRW 38,50,000 from the Agricultural Cooperative Account (Account Number K) in the name of the Defendant, for the purpose of leasing the farmland in Mapo-gu.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

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