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A defendant shall be punished by imprisonment for four months.
An application for compensation by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
1. On October 2009, the Defendant stated that “The Defendant would make a monthly wage of KRW 300,000 per month if he gets off the company.” The Defendant: (a) there is a key person in the Agricultural Policy Management Body; (b) there was a supply unit of KRW 100,000 per month; and (c) there was money to receive KRW 70,000 from Non; and (d) Non’s apartment will receive money from Non on the part of Non to pay money without money.”
However, in fact, the Defendant did not have a claim equivalent to KRW 70 million against the Defendant’s leakage, and the supply volume of KRW 100,000 prior to the supply to the Agricultural Policy Management Body was not finalized. Since there was no particular property and income, there was no intention or ability to repay even if the Defendant lent money from the victim.
As above, the Defendant, by deceiving the victim, received KRW 1 million from the victim on November 11, 2009 to the one bank account under the name of the Defendant, and received KRW 23,040,000 from around that time to December 6, 2010 as stated in the attached Table of Crimes (1).
2. On May 3, 2010, the Defendant continued to make a false statement to the victim D, as in the preceding paragraph, and subsequently made a false statement to the effect that “Around May 3, 2010, the Defendant would receive KRW 70 million on the face of the purchase.”
However, the defendant did not have a claim equivalent to KRW 70 million against the defendant's leakage, as in the above Paragraph 1, and even if the victim did not have any property or income, he did not have any intention or ability to pay the amount, even if he had the victim make the payment on behalf of the customer in lieu of the official fee.
As above, the Defendant, by deceiving the victim as above, had the victim pay KRW 5 million under the name of public lease to E, which is the business partner on May 3, 2010, as shown in the attached list of crimes (2).