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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
[Criminal Power] On October 12, 2009, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for fraud at the Suwon District Court on August 12, 2009, and the said judgment became final and conclusive on April 27, 2010.
[2010 Highest 6393] Defendant E, F, G, and H did not have an intent or ability to take over a large discount, at the risk of insolvency, due to the poor operation of the business, concluded a sales contract with the Mart business owner in the name of the "brony President" while doing so as to make an agreement with the victims as if they would normally take over and operate the Mart business and normally take over and operate the Mart.
He, who is a bond company E and Mart facility business operator, mobilized funds, the defendant raises goods and funds to marina, F serves as a solution, and I and J shared duties such as physical or flaging the marina subject to the crime.
1. Defendant and E, F - Victim K (the 44 years of age) defrauded from Victim K operated the “Mart” L in the Bupyeong-gu Incheon Bupyeong-gu, but intended to sell it due to financial difficulties.
I, around October 14, 2009, paid KRW 40 million from the victim to October 31, 2009, and paid KRW 28 million to the victim the amount of KRW 72 million until November 30, 2009. The remainder amount of KRW 50 million shall be paid in December 30, 2009. The third party shall not be transferred until full payment is made. The “mar sales contract” was prepared to purchase the goods and facilities in marina with the content that “the amount of KRW 10 million is recognized as of October 14, 2009,” with the content that “the amount of KRW 5 million shall be paid until November 30, 2009.”
Then, around October 15, 2009, I prepared a comprehensive acquisition agreement of business in the name of J, a second president, in the "N judicial scrivener office" located near the Mat, and JJ's business registration.