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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
The Defendant, “2013 Highest 393, 2013, the Defendant had no special property or income, and is already unable to make transactions with the existing clients due to the unpaid payment, etc., and even if he has been supplied with a set and active terms from a new customer, he was thought to be used as the sales proceeds for the repayment of personal obligations and living expenses, so he did not have any intent or ability to pay the fry and active terms.
1. From the end of January 201, the Defendant made a false statement to the victim that “The Defendant would pay the amount of money in return for selling the money to B at a fish farm if he/she supplied the money to B,” in a fish farm operated by the victim E in the south Yacheon City, the end of January 201.
However, in fact, the defendant did not have any intention or ability to pay the price to the victim even if he received the price from the injured party, since he thought that the sale proceeds will be used as the personal debt repayment and living expenses in the absence of any special revenue at the time.
The Defendant, as above, by deceiving the victim as above, received approximately KRW 49,360,00 (9,872 kilograms) from the victim from February 22, 2011 to February 23, 2011, and acquired them by deception.
2. On December 3, 2011, the Defendant made a false statement to the victim F to pay the price within one to two days from the main day of the supply of active fish to the fishery in Incheon Smi, which is located in the Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do.
However, the defendant did not have the intent or ability to pay the price even if the defendant received the active supply from the injured party as above.
As above, the Defendant: (a) by deceiving the victim; and (b) obtained from the victim, approximately KRW 141,400,000 from January 13, 2012 from the time of such deception, and acquired it by deception, such as sublime, red sea, etc.
"2015 Highest 1279"
1. Landscaping, July 25, 2010.