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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On April 26, 2018, the Defendant was sentenced to imprisonment with prison labor for a violation of road traffic law (drinking driving) by the District Court of the Republic of Korea on April 26, 2018, and the said judgment became final and conclusive on May 4, 2018.
"2018 Highest 1108"
1. The Defendant was a person who worked as a business employee for solar and air heat energy system in C, and was a victim D and the victim E, who installed the said air boiler system. The Defendant was willing to receive cash delivery on behalf of the victims to receive a certain amount of money while installing the said air boiler system.
A. A. On April 17, 2017, the Defendant committed the crime against the victim D around April 17, 2017, the Defendant received KRW 59-5,000 from the Plaintiff in cash, on the following grounds: (a) even if the Defendant received KRW 2,00,00,000 from the Plaintiff, the Defendant was provided with KRW 2,000,000,000,000,00 from the Defendant, despite having failed to have the intent or ability to use the Plaintiff’s payment of the said loan; (b) however, the Defendant was provided with KRW 2,00,000 to the Plaintiff for repayment of the loan received from the Plaintiff due to the installation of the air system by remitting the said KRW 2 million to the Plaintiff.
2) On May 8, 2017, the Defendant of the crime committed on or around May 8, 2017, even if he/she received KRW 3.8 million from the NAF, even though he/she did not have an intent or ability to use the remainder in repayment of the victim’s loans or to reduce the remaining loans by 30%, the Defendant may reduce the remainder by 30% if he/she temporarily pays the remainder of the loan to the victim.
A false statement to the effect that 3.8 million won is to be repaid in full due to the installation of the air-conditioning system to B. It is deemed that 2.8 million won in the indictment is written in writing from the injured party, and it is corrected ex officio as there is no difficulty in guaranteeing the defendant’s right to defense.
(1) have been delivered in cash.
B. On May 8, 2017, the Defendant against the victim E was guilty of the Defendant’s fraud.