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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On December 19, 2006, the Defendant was sentenced to imprisonment of two years and six months with prison labor for fraud, etc. at the District Court of the Republic of Korea on December 19, 2006, and on December 21, 2007, the same court sentenced four months of imprisonment with prison labor for a violation of the Attorney-at-Law Act, and completed the execution of each of the above punishment on May 19
Around November 20, 2009, the Defendant, “2012 Godan612, the Defendant,” on November 20, 2009, told the victim C to transfer KRW 2,300,000,000,000,000,000,000,000 by telephone, to the victim C. That said, the Defendant said, within five (5) days.
However, the Defendant did not have the quantity of seedlings that the victim promised at the time, so even if he received money from the victim, he did not have the intent or ability to reduce seedlings within the time limit which the victim promised to receive.
Nevertheless, as above, the Defendant, by deceiving the victim, received KRW 2.3 million from the victim’s agricultural bank account (D) immediately, and received KRW 19.8 million in total from November 23, 2009 to November 23, 2009.
"2012 Highest 851"
1. On October 15, 2010, the criminal defendant against the victim E calls from the victim E in the vicinity of the Seocho-si Felel in Seocho-gu, Busan, and said, “A remodeling work should be carried out, even though he/she: (a) sold timber to the money; (b) he/she may receive down payment by presenting it to the money; and (c) if he/she sent KRW 1,200,000 to the money of KRW 6 million, he/she would have the victim undertake a remodeling work.”
However, the defendant did not have to purchase timber at the time, and even if he received money from the victim, he thought that he would use it individually, so he did not have any intention or ability to allow the victim to undertake the remodeling work.
Nevertheless, the defendant deceivings the victim as above and belongs to it on December 1, 2010 from the victim.