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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[Criminal Power] On May 3, 2019, the Defendant was sentenced to 8 months of imprisonment for a crime of fraud in the Gwangju District Court Branch on May 11, 2019 and the said judgment became final and conclusive on May 11, 2019.
【Criminal Facts】
1. On December 16, 2015, the Defendant: (a) concluded a contract to cultivate 20,000 square meters with the victim B at the real estate office in the trade name in the small real estate office located in the Gangnam-gu Seoul Special Metropolitan City, Gangwon-do, Gangnam-do around 13:00 on December 16, 2015; (b) the Defendant concluded a contract to cultivate 20,000 square meters with the victim B at approximately 10,000 square meters of 20,000 square meters of 20,000 won of 20,000 won of 20,000 won of 20,000 won of 20,000 won of 20,000 won of 20,000,000 won of 20,000,
However, in fact, the Defendant was merely intended to lend money from the victim to use it for the purpose of gambling, and did not have concluded a 100,000 square meters cultivation contract with farmers, such as D, E, F, G, etc., and paid 14,77 million won as contract deposit, and did not have the ability to supply the 20,000 square meters as contract deposit. The Defendant did not have the intent or ability to supply the 20,000 square meters to the victim even if he received money from the victim because the Defendant was unable to pay the balance, even if he was unable to receive money from the victim.
Nevertheless, around December 16, 2015, the Defendant, by deceiving the victim as above, received 30 million won from the Nonghyup Bank (H) account in the name of the Defendant in the name of the victim as the proceeds of the mass distribution.
2. On December 18, 2015, the Defendant called to the effect that, on December 18, 2015, the Defendant called to the effect that, by phoneing to the victim at an insular place around 11:00 on December 18, 2015, the Defendant would be entitled to deduct five million won from the sales amount of both waves when he brought about a 5 million won loan as well as the removal of the miscellaneous chart.
However, in fact, the defendant lends money from the victim for the purpose of living expenses and gambling.