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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. Fraud;
A. A. Around November 4, 2011, the Defendant: (a) was at the D factory in the operation of the Defendant located in Singu, Singu; (b) the Defendant, despite that the Defendant did not have the intent or ability to install machines, such as exploitation of rice, etc., necessary to have the victim E, the Defendant made a false statement to the victim that the Defendant would have to install the machines, such as exploitation of 11 million won, which is necessary to have Myeonk rice, Myeonkdong, etc.; (c) the Defendant received cash KRW 500,000 from the victim on November 15, 201; and (d) 4.5 million won was remitted to the Defendant’s agricultural bank account on November 17, 2011; and (d) million won was acquired in total
B. On March 4, 2012, the Defendant: (a) around March 4, 2012, at the victim G Hadro Hadro Hadro in Songpa-gu, Songpa-gu, Seoul; and (b) even if the Defendant did not have the intent or ability to install necessary machinery to do so to the victim; (c) the Defendant made a false statement that the victim would have to install machinery necessary to do so until March 9, 2012; and (d) the Defendant received KRW 9 million from the victim to the Defendant’s agricultural bank account in the Defendant’s agricultural bank; and (e) obtained a total amount of KRW 7 million from the victim to the Defendant’s agricultural bank account on March 8, 2012.
C. On January 12, 2013, the Defendant made a false statement to the victim J stating that “If the Defendant was a representative in the Republic of Korea, and the Plaintiff would return the principal within a week if he was immediately required to pay 3 million won due to the occurrence of the circumstances, he would return the interest within a week and not interfere with the interest.” The Defendant received 3 million won from the victim’s check on the spot.
2. On February 28, 2013, the Defendant in breach of trust received a credit card from the victim’s national bank to be used for purchasing parts for repairing the machinery when he/she received a request for repairing the machinery from the victim from the victim, and thus, the Defendant should use the said credit card for purchasing parts for repairing the machinery.