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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
around November 2013, the Defendant entered into a contract to supply the victim C with 9.7 persons L CDs with 10,800 persons, and performed the said contract in compliance with the contract, thereby making the victim believe the Defendant, and supply the victim with the main cell phone and L CDs.
In order to obtain the above money by fraud, it was committed in mind.
1. On December 2013, the defendant who acquired the proceeds from a secondhand cell phone may seek a secondhand phone from the victim at an irregular place.
30% of the down payment is 70% of the remainder on the ground of old damage and the goods are exempted.
“.....”
However, in fact, the defendant was unable to prepare for a heavy mobile phone, and even if he received the above money, he thought to use it as personal debt repayment and personal investment, so he did not have any intention or ability to supply a mobile phone.
around December 4, 2013, the Defendant: (a) received USD 38,465 under the name of the Defendant as the mobile phone deposit in Korea (Account Number D); (b) USD 42,450 (Korean Won KRW 45,039,450) around December 20, 2013; (c) USD 49,950 (Korean Won 52,672,275 won); (d) around December 27, 2013; and (e) USD 26,750 (Korean Won 28,207,857 won) around December 27, 2013; and (e) USD 16,750 (Korean Won 28,207,857 won); and (e) USD 16,156,750 (Korean Won 4557).
2. On January 2014, the Defendant, 9.7, by fraud, can supply the victims with “9.7,980 for the Red Congo” at a place in an influence, which is located in the red bean. However, the goods in the red bean where USD 100,000 should be paid to the red bean.
The phrase “ makes a false statement.”
However, in fact, the Defendant did not have the above L CD in the Red Congo, and was thought to use it for personal purposes even if he received the above money, and thus did not have any intent or ability to supply the above L CD.
The defendant deceivings the victim as above, and thereby deceivings the victim, the amount of the L CD on January 17, 2014.