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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On September 11, 2013, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Northern District Court, and completed the execution of the sentence at the Sungdong detention center on October 19, 2013.
The Defendant, on April 2016, 2016, called “2016 Highest 4032, the Defendant, from the D office located in Chungcheongnam-si, Namyang-si, Namyang-si, would seek 75 shares if he/she sent money to the victim E by calculating 110,000 won per share of the ornamental number (10 points per 10,000 won).
“A false representation was made.”
However, in fact, when the bonds that the defendant borrowed from the lending company have become more than 20 million won, it is difficult to raise interest and living expenses, and even if he received money from the damaged party, he was intended to use it as living expenses, there was no intention to use it for the purchase of the ornamental trees, and there was no intention or ability to otherwise prepare money to purchase the ornamental trees.
Nevertheless, the Defendant, as seen above, received 82.5 million won from the damaged party to the Agricultural Cooperative Account in the name of the Defendant on April 11, 2016 and acquired by transfer from the damaged party.
On May 24, 2016, the Defendant reported the victim’s wish to purchase trees posted by the victim F on the Internet tree trading site, “G,” at a place where it is impossible to identify a place around May 24, 2016, and made a false deposit of KRW 2 million in the king 200,000,000 won, first, and the trees were transported to five tons of freight lanes until June 3, 2016.
However, even if the defendant received money from the injured party, he had the intention to use it as the cost of living, and there was no intention or ability to sell 50 Dok Dok tree.
Nevertheless, on May 31, 2016, Defendant 2 was delivered KRW 2,000,000 to the Agricultural Cooperative (H) account in the name of J around May 31, 2016 by deceiving the victim and deceiving the victim.
On April 19, 2016, the Defendant reported the wish to purchase trees posted on “G”, which is an Internet tree trading site, and contacted the victim. The Defendant reported the desire to purchase trees to the victim.