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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[2013 Highest 2874] The Defendant did not have any particular income, and the Defendant only has a personal liability of KRW 20,000,000, such as the amount of accounts receivable, and there was no intention or ability to pay the amount even if he/she purchased the lawsuit from the victims.
1. On February 4, 2013, around 16:30, the Defendant: (a) made a false statement to the effect that, at the stable of the victim I located in Ha of the Jeonnam-do, the victim would immediately transfer the value of the face value of the lawsuit to the victim; and (b) obtained the amount equivalent to KRW 1,400,000 at the market price of the face value of the victim’s 1,40,000 from the victim’s place.
2. On February 27, 2013, the Defendant: (a) made a false statement to the effect that, at the stable of the Victim K, the Defendant, located in Bosung-gunJ, the Defendant: (b) made a false statement to the effect that the Defendant would immediately remit the value of the face value of the lawsuit to the victim by 10:00 on the following day; and (c) obtained from the victim the amount equivalent to KRW 3,00,000 at the market price of the face value of the 1st place in the relevant place.
[2013 Highest 3183] The defendant did not have any particular income, and the defendant only has a personal obligation, such as a remote amount of credit, and even if he/she purchased the lawsuit from the victims, he/she did not have any intent or ability to pay the amount.
Nevertheless, on January 2013, the Defendant made a false statement that “The Defendant would deposit 2 ma on the next day of the sale of the 2-ma in the passbook” at the stable of the victim M in Donnam-gun L, and received from the victim the amount equivalent to KRW 1.8 million at the 2-ma market price in the same place from the victim, and received from around that time to March 17, 2013 the amount equivalent to KRW 17,100,000 at the 12-ma market price from that time to March 17, 2013 by deceiving the victims four times in total as described in the attached list of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Application of each statute on the statement by police to I, K, M, N,O, and P;
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. Article 37 of the Criminal Code among concurrent crimes.