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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
Around July 2011, the Defendant stated that “Around July 2011, the Defendant: (a) committed a restaurant with no knowledge of the trade name in Yangyang-gun, Yangyang-gun, Yangyang-gun, with property of KRW 2 billion and a lot of money from the sale of pine trees; (b) the victim D made a false statement that “The purchase cost is insufficient to have a lot of profits from selling pine trees; (c) the principal will be repaid along with the interest of selling pine trees if he/she borrowed money.”
However, the defendant did not have any intention or ability to repay even if he/she borrowed money from the victim because he/she did not have any property or income that he/she has to repay, and there was no certain income.
Accordingly, the Defendant, by deceiving the victim as such, received KRW 100 million from the victim under the name of the borrowed money around that time.
"2013 Highest 495"
1. On November 201, 201, the Defendant made a false statement to the victim E, “The Defendant would pay the user fee by the end of December 2011, on the face of the construction work, such as the laging machine, etc., to the victim E through F.
However, the defendant did not have an intention or ability to pay the user fee even if he was provided with service from the victim because he did not have any property or income that he had to pay in full 150 million won at the time, did not have any property or income that he had to dispose of, and did not fully pay personnel expenses for those who had already worked.
Accordingly, the Defendant, as such, did not pay 3.855 million won, even though the Defendant deceiving the victim and was provided with services, such as the adjustment of the site at around that time, thereby acquiring economic benefits equivalent to the same amount.
2. On November 201, 201, the criminal defendant against the victim G is a mutual transport company of “I” operated by the victim G in the Gangwon Yangyang-gun H in the end of November, 201.