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A defendant shall be punished by imprisonment for a term of one year and three months.
Reasons
Punishment of the crime
[2016 Height535] On October 8, 2010, the Defendant was sentenced to 11 months of imprisonment for a crime of fraud in this court. On December 31, 2010, the execution of the sentence was terminated.
On October 17, 2013, the Defendant made a false statement to the victim D's office located in Gangnam-gu Seoul Gangnam-gu, stating, "The Defendant was delegated by the E in the Soan prison to dispose of the product, such as scrap iron in the amount of KRW 128.7 billion, which is located in the Sinsan City F, and distributed profits remaining after joint sale, changed the amount of KRW 200 million as a contract deposit, and may confirm and sell the product within 30 days."
However, in fact, E did not have the right to dispose of the said scrap metal, and the defendant was aware of the fact through a separate criminal case since 2010, and there was no confirmation of existence of scrap metal, etc. for several years, and it was an intention to use money as living expenses regardless of joint sale, such as scrap metal, etc., regardless of the victim's intention to receive money from the victim, and therefore there was no intention or ability to pay the profit by selling scrap metal, etc.
The Defendant received KRW 200,000,000 from the victim as a part of the contract deposit, from April 30, 2015, from that time, the Defendant received KRW 200,000,000 as a total of 14,00,000 in the same manner as in the list of crimes, such as contract deposit, business expenses, etc., from the victim.
Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.
[2016 Highest 1581] On October 31, 2013, the Defendant entered into a car lease agreement with the Defendant at H office Co., Ltd. 402 at Changwon-si’s window, setting a deposit of KRW 6,700,000, monthly user fee of KRW 880,000, from November 7, 2013 to November 6, 2016.
The defendant was delivered with the above vehicle and kept for the victim, and the monthly user fee was not paid for a long time.