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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2014 Highest 1129] On March 20, 2014, the Defendant stated to the effect that “I will pay rice back to one month” from the victim D’s house located in Jinju City, “I will pay rice back to one month.”
However, at the time, the Defendant was liable to pay approximately KRW 130 million to financial institutions, etc., and approximately KRW 70 million, which had not been paid to other customers. Even if the Defendant sold the rice, the sales revenue was insufficient to repay the pre-paid rice amount, so even if the Defendant was supplied with rice, there was no intent or ability to pay the amount normally.
As can be seen, the Defendant, by deceiving the victim, was supplied with rice of 100 maths from the victim’s place of residence, and was supplied with 700 maths equivalent to KRW 37.8 million in total three times, including additional 150 maths on March 21, 2014, and 450 maths on April 8, 2014.
[2015 Height267] On April 5, 2014, the Defendant told the victim F’s house located in Jinju city E to the effect that “I will pay rice to a person on credit after one month.”
However, at the time, the Defendant was liable to pay approximately KRW 130 million to financial institutions, etc., and approximately KRW 70 million, which had not been paid to other customers. Even if the Defendant sold the rice, the sales revenue was insufficient to repay the pre-paid rice amount, so even if the Defendant was supplied with rice, there was no intent or ability to pay the amount normally.
As such, the Defendant, as described in the attached list of crimes, by deceiving the victim as such, received 22 fess of rice from the victim in his/her place of residence from the victim, and acquired 420 fes of rice amounting to KRW 23,352,00 in a total of eight times from the victim, and acquired 420 fes of rice amounting to KRW 1
[2015 J. 352] Defendant is located in G on July 27, 2014, Namwon-si around 06:00.