A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall pay 9,000 won to the applicant for compensation by fraud.

3.2

Punishment of the crime

[2015 Highest 4835] On December 10, 2008, the Defendant supplied the victim with landscape trees in the cultivation area of landscape trees operated by the victim E in Seocho-gu, Seo-gu, Seocheon-gu, Incheon, as shown in the attached list of crimes, such as 60gs for landscape trees (A Grade-15 students) and falsely stated that the Defendant would settle the remainder of 23 million won until January 17, 2009 and the remainder of 23 million won until January 17, 2009.

However, at the time, the Defendant had no particular property at the time, but had been repaid KRW 95 million, which was lent to F who operated the landscaping business. However, from July 2008, F had already been repaid with interest on behalf of the Defendant, and the Defendant had already been given a loan from F to F in order to lend money, and the Defendant created a right to collateral security on the apartment in the Defendant’s wife’s name. On March 31, 2009, the amount of the right reported by the Korea Asset Management Corporation to the creditor who was transferred the right to collateral security around March 31, 2009 was KRW 26,6840,000,000,000 from F, the Defendant had to pay the bank loan in order to prevent the auction of the apartment even if it had been paid KRW 95,00,000 from F, so there was no intention or ability to pay the loan properly even if the victim received the landscape trees.

Nevertheless, the defendant was supplied with landscape trees equivalent to KRW 45,100,000 in total by the victim.

Accordingly, the defendant was given property by deceiving the victim.

[2015 Highest 5333] On April 1, 2009, the Defendant made a false statement to the victim H, I, J, and K that “If the 40th tree is transported to the Gyeonggi-si L, it would pay the transport cost within a week.”

However, at the time, the Defendant had no particular property, but had been repaid the amount of KRW 95 million that was loaned to F who operated the landscaping business. However, the Defendant had not already been repaid the loan interest from July 2008.