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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal records] On August 9, 2016, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Chuncheon District Court on December 8, 2016, and the judgment became final and conclusive on December 8, 2016. On January 26, 2017, the Defendant was sentenced to three years of imprisonment for a crime of fraud in the same court, etc., and the judgment became final and conclusive on February 3, 2017.
[Criminal facts] The Defendant is a substantial operator of the “Agricultural Company BJ Co., Ltd. (hereinafter “BJ”)” in the Gangnam-gu Seoul Metropolitan Government BT.
On June 8, 2016, the Defendant: “BU” to the head of BV team of BU (hereinafter “BU”) of BJ office around BJ office (“BU”); “BU will purchase a wave from a farmer, etc. to process it, receive it from BU to supply it, and return KRW 200 million after the conclusion of the contract if BU pays 200 million to BU as a deposit to BJ office; and if BU is paid to the NA after the purchase of BU’s name and sales commission was deducted by 0.5% of the sales commission received from the sales commission; and if BU pays 200 million won to BJ office to secure the payment of sales proceeds of BU, BU will return KRW 200 million after the contract is terminated.
“ .............”
However, in fact, the Defendant was thought to use other obligations even if he received deposits from the victim company due to the lack of reasonable and possible means to repay other obligations while operating the BJ, and it was not a situation in which other farmers, etc. were able to purchase derivatives from other farmers, etc. and to exercise the right to sell derivatives to the victim company, and even if he received money from the victim company as a contract deposit due to the lack of any particular property, the Defendant did not have any intent or ability to perform the said contract or return
As such, the Defendant, by deceiving the victim, received cash KRW 200 million from the victim company on June 16, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. The police of W.W.