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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 23, 2010, the Defendant was sentenced to a suspended sentence of two years on December 31, 2010 by imprisonment with prison labor for fraud, etc. at the Gangnam Branch of the Chuncheon District Court, and the said judgment became final and conclusive on December 31, 2010.
Around August 2010, the Defendant introduced the victim B to conclude a material supply contract with C Company. On September 2010, the Defendant stated that “B shall purchase aggregate with the said money and receive aggregate at a unit price by placing the phone to C Company,” and that “B shall be supplied with the said money if cash is paid first,” and that C Company shall be paid in advance to the victim, and that “C Company deposited more amount than the material price in order to raise funds,” and that “The remainder excluding the price shall be deposited into D account, which is the denial of directors of C Company.”
However, in fact, the amount the victim received from the C Co., Ltd. is paid in advance, not for raising funds for the C Co., Ltd., but for the above D Co., Ltd., rather than for denying directors of C Co., Ltd., and the Defendant was intended to use the money from D Co., Ltd. to pay the debt by receiving money from D Co., Ltd.
Defendant,
1. On October 4, 2010, a victim’s phone calls at a place unknown to him/her and makes a false statement to the victim as above, and he/she receives KRW 10,70,000 from the victim via the Agricultural Cooperatives passbook in D on the same day;
2. On October 7, 2010, a victim’s phone calls at a place unknown to him/her and makes a false statement to the victim as above and wired KRW 1,9260,00 from the victim’s passbook via the NongHyup Bank on the same day;
3. On November 8, 2010, a victim’s phone calls at a place unknown to him/her and makes a false statement to the victim as above, and he/she shall be transferred KRW 14,931,00 from the victim’s passbook to the NongHyup Bank on the same day;
4. On November 19, 2010, in a place where it is not known to the victim, the victim’s phone calls to the victim.