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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[Criminal Power] On December 18, 2013, Defendant A was sentenced to six months of imprisonment for fraud, etc. at the Incheon District Court, and two years of suspended execution, and the above judgment became final and conclusive on the 27th of the same month.
【Criminal Facts】
1. Crimes related to Defendant A, C, and D’s joint crimes
A. On December 13, 2011, Defendant A, C, and D acquired the “Eart” located in the Gwanak-gu Seoul Special Metropolitan City Seoul Special Metropolitan City F from G, the former owner. From December 16, 2011 to January 20, 2012, Defendant A, C, under the name of the assignee, borrowed the Empt from the former owner to January 20, 201, and the latter Defendant A and D were supplied with the goods equivalent to KRW 121,56,882 in total, as indicated in the list of crimes committed in the attached Table, by eight persons, including the victim H, who are suppliers.
However, in fact, the above E E E E E E E E E E E E E E E E E E E E E E E E E E has already been unable to pay the rental fee for the building properly at the time of acquisition, and the cumulative liability amounting to KRW 00 million, and further, Defendant A, C, and D take over all the obligations from the above G on the condition that Defendant A, C, and D
Even though it did not think of the intention to create a profit through the normalization of the operation of the Mart, it was thought that the profit has been realized by disposing of the goods in the Mart, so even if it was delivered from the victims, there was no intention or ability to pay the price from the beginning.
Defendant
A, C, and D conspired to induce the victims, thereby deceiving them. They received the total amount of KRW 121,556,882 from the victims and acquired them by deceit.
B. Defendant A, C, and D, on the end of January 2012, were placed in a situation where compulsory execution is to be enforced against the goods, etc. within the Empt, as a result of failure to repay the victims with the goods payment obligations on the said Empt for the said reasons.
As such, Defendant A, C, and D shall pay for the goods.