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A defendant shall be punished by imprisonment for three years.
Of the facts charged in the instant case, the fraud regarding E is acquitted. The applicant for compensation is not guilty.
Reasons
Punishment of the crime
"2013 Highest 915"
1. On May 2012, the Defendant stated that “If the purchase price is paid in advance, the Defendant may supply the victim F at a coffee shop located in Jung-gu Seoul Metropolitan Government, Jung-gu to the Defendant at a rate of 50 to 60% above the market price.”
However, in fact, from October 201 to December 2, 201 of the same year, the Defendant made a false statement that G would provide the above cosmetics to G, but did not have the ability to supply the cosmetics more than 50-60% of the market price, such as not supplying the cosmetics equivalent to 85 million won. At the time, the Defendant had no intention or ability to supply the cosmetics normally even if he received the payment of the purchase price of the cosmetics from the victim.
The Defendant, from May 6, 2012 to May 6, 2012, was the same from the victim.
6. Until June 1, 200, a total of 48,232,580 won was received in advance payment of the purchase price of cosmetics over a total of 10 times, such as the attached list of crimes (1), and a total of 16,179,334 won was not supplied, and acquired by fraud.
2. On August 2012, the Defendant introduced the crime against the victim D as the store location of the "Nicep Cosmetics located in Suwon-si, Jung-gu, Seoul, by making phone calls to the victim D at a non-place located in Jung-gu, Seoul, and supplied 50-60% of the market price when receiving the purchase price of the cosmetics in advance. When receiving the purchase price of the cosmetics at one time, the order of priority for receiving the cosmetics is increased, and the unit price of the cosmetics is lower."
However, in fact, the Defendant did not leave the store of “Nice Cosmetics,” and the Defendant said that from October 201 to December 201 of the same year, G would supply the above cosmetics to G at a container, thereby making a false statement that he would provide the above cosmetics to G, but is worth KRW 250 million in advance, but is equivalent to KRW 85 million.