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A defendant shall be punished by imprisonment for not less than eight months.
Of the facts charged in the instant case, the fraud against D, E, F, G, and H is acquitted.
Reasons
Punishment of the crime
1. On December 12, 2013, the Defendant made a false statement to the victim K at the J-office, Co., Ltd., Ltd. located in I at the time of residence, stating, “The Defendant would pay the amount of distribution until February 15, 2014, on the face of supplying the products so produced.”
However, even if the defendant is supplied with vessels from the victim, he/she did not have the intention or ability to pay the price by the date of the above promise.
The Defendant received from the victim 1,824,00 won worth KRW 15kg of the market price on the same day and received goods, such as double-three times from December 12, 2013 to January 28, 2014, as shown in attached Table 1.
Accordingly, the defendant was given property by deceiving the victim.
2. On January 1, 2014, the Defendant made a false statement to the victim K at the above J office, stating that “The Defendant would pay the victim K without molding until February 15, 2014, with the amount of working expenses to be paid.”
However, the defendant did not have the intent or ability to pay working expenses even after packaging work.
The Defendant, from January 1, 2014 to January 25, 2014, mobilized the body members from the victim, thereby having the victim take up and operate the gambling packing work, and acquired financial benefits equivalent to KRW 10,630,00 in total, including personnel expenses of KRW 9,350,00 in comparison with meals, KRW 1,080,00 in packing tapes and heating expenses of KRW 200,00 in total.
3. On November 7, 2013, the Defendant made a false statement at the J office of the said Co., Ltd. stating that “The Defendant would pay the amount of distribution to the victim L by February 15, 2014, on the face of the week to deliver the produced vessels.”
However, even if the defendant is supplied with vessels from the victim, he/she did not have the intention or ability to pay the price by the date of the above promise.
The Defendant, from the victim, 15kgh 39g 1,467,50 won at the market price on the same day, and 15kg 15kg 1,078,000 won at the market price on November 10, 2013.