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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
On July 29, 2011, the Defendant was sentenced to eight months of imprisonment for a crime of fraud in the Chungcheong District Court’s Chungcheong Branch, and the execution of the sentence was terminated on March 27, 2012, and on October 23, 2014, the Defendant was sentenced to four months of imprisonment for the same crime at the Pyeongtaek District Court’s Pyeongtaek District Court’s Pyeongtaek District Court’s Eunpyeong District Court’s Eunpyeong District Court’s Decision became final and conclusive.
1. On October 28, 2013, the Defendant made a false statement by phone call to the victim E, who operates D D D, stating that “I will pay responsibilities, and the advance payment will change KRW 3 million.”
However, at the time of fact, F was not in contact with the defendant in a locking state, so even if the defendant received the advance payment from the victim, the defendant did not have any intention or ability to introduce F to the above D D as an employee.
The Defendant, as above, by deceiving the victim, received KRW 3 million from the victim to the Agricultural Cooperative Account in the name of the Defendant under the name of the victim for multi-party employment.
Accordingly, the defendant was accused of money by deceiving the victim.
2. On November 5, 2013, the Defendant made a false statement by phone calls to the above victim at the above place, and “If the F refuses to be a mixed person, the Defendant made two other friendships because he/she did not want to be a mixed person, and if he/she uses AC more than 3 million won in advance, he/she would make a transfer more than 6 million won in advance.”
However, in fact, since the above "two other friendships" was merely a person who was committed by a defendant who did not actually exist, the defendant did not have the intent or ability to introduce two employees to the above Dda even if he received the advance payment from the victim.
As above, the Defendant deceivings the victim and received 6 million won from the victim to the Agricultural Cooperative Account in the name of the Defendant on the same day under the name of advance payment for employment.
Accordingly, the defendant deceivings the victim to pay money.