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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
"2018 Highest 722"
1. On January 13, 2015, the Defendant stated that “The Defendant loaned money to the victim as determined by the following month” from the office of the D Co., Ltd. operated by the Defendant in Ansan-si, Seoul-si, Seoul-si, that “The Defendant borrowed money from the office of the Defendant.”
However, at the time of fact, the above D was liable to pay approximately KRW 100 million, and it was difficult to manage the employee's benefits to the extent that it was impossible to pay them for each month, and the Defendant did not have any intent or ability to pay them even if he borrowed money from the damaged party due to no special property.
Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained 300,000 won from the victim in cash on the same day from the victim; and (c) obtained 300,000 won from around that time to April 13, 2015, and obtained 9.6 million won in total through 12 times, such as the list of crimes in attached Form 1.
2. On August 19, 2016, the Defendant alleged that “The PCB will be supplied by phone call from the victim’s operating director F at the above D office, and that “The PCB will be paid in cash on the 45th day after the end of each month.”
However, at the time of fact, the above D was liable to pay approximately KRW 200 million, and the defendant did not have any intent or ability to pay the price even if the PCB was supplied by the injured party due to the absence of any special property.
Nevertheless, the Defendant: (a) obtained 400 PCB equivalent to the total market price of KRW 15,998,400 from the injured party on September 9, 2016; (b) obtained 400 PCB equivalent to the total market price of KRW 66,60,00 from the injured party on September 9, 2016; and (c) obtained PCB equivalent to the total market price of KRW 66,600 from the injured party.
3. Crimes against victims G;
A. On January 18, 2017, the Defendant committed the crime of January 18, 2017, at the mutual influent restaurant located in Ansan-si, Ansan-si, the Defendant: (a) concluded a contract to enter KRW 100 million with an advance payment in this month; (b) previously, the Defendant borrowed only KRW 15 million to repay all the damages to the Defendant.