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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
On July 23, 2014, the Defendant was sentenced to two years of imprisonment and a fine of 1.5 million won in the Chuncheon District Court for fraud, etc. on February 18, 2016, and the execution of the sentence was terminated. On May 23, 2019, the Defendant was sentenced to one year of imprisonment with prison labor for fraud, etc. on March 25, 2020.
200 Highest 245
1. Fraud;
A. On July 8, 2017, the Defendant committed the crime against the victim B at the site of a house located in Namyang-si, Namyang-si, that “A victim B shall repay the victim B ten (10) days after the payment of personnel expenses on behalf of the victim B, because there is any shortage of personnel expenses to no longer perform construction work any longer due to lack of personnel expenses.”
However, the defendant did not have the intent or ability to repay to the victim even if the victim paid labor cost instead.
Nevertheless, on July 14, 2017, the Defendant: (a) by deceiving the victim as above; (b) caused the victim to transfer KRW 7,000,000 to the E Union account in the name of D; and (c) 4,000,000 to the account that cannot be known on July 16, 2017; and (d) 13,00,000,000 to the D E Association account in the name of D on July 18, 207; and (b) acquired property benefits equivalent to KRW 24,00,000 in total.
B. On December 2017, the Defendant committed the crime against the Victim F, the Defendant stated that “The Victim F, operated by the Victim F, in the H office operated by the Victim F, in the Hacheon-si G, Gangwon-do, would construct a new building, and pay the price immediately upon delivery of the construction materials.”
However, the defendant did not have the intention or ability to pay the price even after receiving the construction materials from the victim.
Nevertheless, the Defendant, by deceiving the victim as above, received building materials from the victim, and did not pay the price, thereby acquiring pecuniary benefits equivalent to KRW 11,369,495.
2. Larceny;
A. The Defendant committed a crime in September 2017, the Defendant was the victim D, who was at the seat of the Defendant, on September 11, 2017, at around 11:00, at the seat of Namyang-si I.