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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the above sentence shall be executed for three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
"2015 Highest 3585"
1. On September 3, 2014, the fraud Defendant made a false statement to the victims C and D that “AF store that sells bread in the name of G at the FF rest area located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-si, would make payment for the monthly interest, and change the name of the above member shop to the contract owner of the said member shop.”
However, at that time, the Defendant was obligated to repay the above debt with loan borrowed from the victims while he was urged to repay the debt amounting to approximately KRW 470 million, and the name of the said bread store was changed to H as a creditor of the Defendant on September 2, 2014. Thus, even if the Defendant received the loan from the victims, the victims did not have the intent or ability to change the name of the franchise store to the victims or to pay interest, etc. pursuant to the agreement.
As such, the Defendant, by deceiving the victims, transferred KRW 38,840,00 from the victims C to the NA bank account under the name of J Co., Ltd. (K) on September 3, 2014, and received KRW 10,000,00 from the victims D as loan money around September 4, 2014, and received KRW 10,000 from the victims D to the Defendant’s deposit account (M) bank account in the name of the Defendant’s seat, the Defendant, from then to November 7, 2014, by deceiving the victims by the aforementioned means from the victims until November 7, 2014, and received KRW 264,410,000 in total over 14 times, as shown in the attached Table 1,2.
2. On September 18, 2014, the Defendant forged private documents: (a) at the J-office, the Defendant’s Co., Ltd.’s operation of the Daejeon Seo-gu Ntel 1206, the name of G bread store in the F-gu recreation store operated by the Defendant, as agreed by C and D around that time, shall be changed to C.