beta
Text
A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
【Criminal Power】 On November 23, 2011, the Defendant was sentenced to seven months of imprisonment for fraud, etc. at the Seoul Southern District Court, and completed the execution of the sentence at the Seoul Southern Southern District Court on June 4, 2012.
【Criminal Facts】 【2015 Highest 1124】 The Defendant colored the stores that sell rice and other foodstuffs in advance and the restaurants around the restaurant as if he was the operator of the restaurant, and brought about the rice, etc. more additionally by ordering and receiving rice, and then by selling rice to the operator of the restaurant. The Defendant attempted to acquire the proceeds by deceiving or selling rice to the operator of the restaurant.
At around 16:50 on May 9, 2014, the Defendant stated, “Emart” operated by the victim D in Eunpyeong-gu Seoul Metropolitan Government, that “B will pay the victim the price to be paid if he/she delivers rice 2, etc. to the president of the F cafeteria, which is the president of the F cafeteria, and if he/she delivers rice 2, etc. to him/her by means of an extension.” On the same day, the Defendant issued an additional order to the victim who has delivered rice and other foodstuffs on the front day of the F cafeteria located in the F cafeteria. If he/she additionally, he/she will pay the price in a lump sum.”
However, in fact, the Defendant had no intention or ability to pay the price even if he received rice from the victim, because the Defendant was thought to flee after selling the rice that had already been delivered to the restaurant operator between the victim and the victim.
As such, the Defendant, by deceiving the victim, received foodstuffs equivalent to KRW 117,00,00 in the front of the “F cafeteria” on the same day from the victim, and acquired them by deception, and acquired them by deception, from May 4, 2015, food and cash equivalent to KRW 12,332,520 in total, from the victims, as shown in the attached list of crimes, from May 12, 2015.
[Judgment of the court below]
1. The Defendant who attempted to commit fraud shall be the Seoul Special Metropolitan City Gwanak-gu around April 16, 2015.