A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

"The 2016 Highest 3153 defendant" is a person who, after ordering a contractor to designate the quantity of a specific tree, sells the tree again in the manner of "a contract cultivation" to purchase the tree, and then sells it to another person.

On September 2015, the Defendant had no particular property or income, and did not receive seedlings even after receiving the price for the tree nursery, or did not pay the price for the tree nursery after cultivating the contract, but was held with approximately KRW 40 million due to the failure to pay the price for the tree or the circumstances of borrowing living expenses from others. Since the Defendant had to repay the existing debt upon receiving the price for the tree from the victims, it was a situation in which it was impossible to sell the tree to the victims due to further contract cultivation.

1. Fraud against the victim B;

A. On September 1, 2015, the Defendant issued seedlings to the victim “D” operated by the victim B in Busan Metropolitan City, around 15:00, and the victim “Papling KRW 200,00,000,” until February 2, 2016, the Defendant delivered seedlings to the victim, in advance, until February 2016.

“.........”

However, even if the defendant receives seedlings from the injured party, he did not have the intention or ability to deliver seedlings to the injured party.

The defendant deceivings the victim as above and was transferred KRW 2.9 million to the Agricultural Cooperative Account in the name of the defendant on the same day as the price for seeds and seedlings from the victim.

B. On October 21, 2015, the Defendant: (a) around October 21, 2015, under “D” operated by the victim B; (b) the Defendant delivered seedlings to the victim, in advance, for the purchase price of KRW 1,00,00, to KRW 1,500,000, to the victim until the end of February 2016.

“.........”

However, even if the defendant receives seedlings from the injured party, he did not have the intention or ability to deliver seedlings to the injured party.

The defendant deceivings the victim as above, and thereby deceivings the victim.