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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
[2014 Highest 202]
1. Fraud against victim D;
A. On July 1, 2010, the Defendant: (a) purchased a nose or detector, which is a diagnostic device for power distribution facilities made in E, from the victim at a place unclaimed; and (b) made a false statement to the effect that “The Defendant may be punished at least five billion won every year, according to the right to conduct diagnostic services for power distribution facilities in the Gyeongnam and the Gangnambuk, and that the Defendant borrowed business funds.”
However, at the time, the defendant did not have any intention or ability to purchase the diagnostic equipment of power distribution facilities made E.
Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received KRW 300,00 from the victim to the Defendant’s mother agricultural bank account around July 1, 2010; (c) received a total of KRW 24,30,000 from the above date to December 4, 2010 as indicated in [Attachment Table 1-35]; and (d) obtained a total of KRW 24,30,00 from July 7, 2010 to December 6, 2010 from the victim’s employees by obtaining a modern card in the name of G, an employee of the victim from the victim, and using KRW 8,284,30,00 from the above date to December 4, 2010.
B. On December 5, 2010, the Defendant made a false statement that “The Defendant, by telephone, succeeded to the development of a small nuclear reactor in Japan and agreed to attract the nuclear reactor in Korea, if all of the expenses and money were to be lent, he/she would pay back the remaining money with the proceeds from selling the buried transformers to the scrap metal company and pay the profits.”
However, there was no authority of the defendant in relation to the above businesses at the time, and there was no intention or ability to repay even if the defendant borrowed money from the victim because the small nuclear reactor business in Japan had already been invalidated on July 30, 2010.
Nevertheless, the Defendant deceivings the victim as above, and is therefore attached from December 7, 2010 to June 28, 201.