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The defendant shall be sentenced to a fine of 5,00,000 won and imprisonment with prison labor of 1 year and 6 months for the remaining crimes as stated in the judgment.
Reasons
Punishment of the crime
[criminal record] On August 25, 2004, the Defendant was sentenced to four and a half years of imprisonment for fraud, etc. at the Seoul Central District Court on January 14, 2005 (hereinafter "the judgment") and the judgment became final and conclusive on January 14, 2005, and the Defendant was released on July 28, 2006 and passed on August 29, 2006 while serving for the above case.
On December 17, 2009, the Daegu District Court sentenced 10 months of imprisonment with prison labor for a crime committed before the judgment becomes final and conclusive, and on December 25, 2009, the said judgment (hereinafter “instant judgment”) was finally binding on December 25, 2009. On December 19, 2014, the Seoul Eastern District Court sentenced 1 year and six months of imprisonment with prison labor for a crime committed after the judgment becomes final and conclusive, and the said judgment was finally binding on April 9, 2015 (hereinafter “third judgment”).
[2015 Highest 4018]
1. On November 28, 2012, the Defendant against the victim E is able to follow the right to operate the restaurant at the coffee shop in which it is difficult to know the trade name located in the Seocheon-dong, Suwon-gu, Suwon-si, Suwon-si, and where it is possible for the victim E to know well about the high portion of the F Electric Affairs and LH construction, and to make it possible for the victim E to have the right to operate the restaurant in which the total of 1,200 households of the F apartment new construction site located in the Hong G, a total of 1,200 households, transferred through that person.
The term "the purpose of " was false."
However, the defendant did not have the intention or ability to transfer the right to operate the restaurant to the victim because the defendant did not secure the right to operate the restaurant.
On November 29, 2012, the Defendant received KRW 60 million from the damaged party to the Agricultural Cooperative Account under the name of the Defendant’s name as the contract deposit for the transfer of the restaurant operation right.
Accordingly, the defendant was given property by deceiving the victim.
2. On July 7, 2014, the Defendant against the victim I is entitled to operate a restaurant at a coffee shop where the trade name located in the Daegu Suwon-gu, Daegu-gu, could not be known. “10 million won is one hundred million won in Jeju-si, Jin-si, Jin-si, Jin-si, and Jin-si, Jin-si, and one hundred and fifty-seven households.