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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
[Criminal Power] On November 1, 2013, the Defendant was sentenced to two years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Gyeyang District Court Support on the Aggravated Punishment, etc. of Suwon District on November 1, 2013, and the judgment was finalized
【Criminal Facts】
[2015 Highest 295] The Defendant concluded that “A” restaurant in Guang-si C is a person who operates the “D” restaurant, and that “G” in the “G” of the victim F operation in the Jeonyang-gun E around December 2012, the victim would pay the price if he/she supplies the goods to the D restaurant.”
However, at the time of business depression, the Defendant was unable to pay approximately KRW 1.7 billion, which was supplied by the previous transaction partner, and even if supplied by the victim, the Defendant distributed it and used it to repay the existing debt, and did not have any intent or ability to pay the long-term loan amount provided by the victim because any other property or profit was not available.
Around December 21, 2012, the Defendant, by deceiving the victim as above, received a long term equivalent to KRW 10,350,000 at the market price of KRW 10,350,00 from the victim, and acquired pecuniary benefits equivalent to KRW 6,118,727,600 in total from around June 20, 2013, as stated in the original text, from around 77 times to around June 20, 2013, the Defendant received a total of KRW 4,177,727,727,00 in total, and received financial benefits equivalent to KRW 1,941,00,60 in total.
"2015, 455"
1. Around January 25, 2014, the Defendant made a false statement with regard to the victim H that “The Defendant would deliver a civilian-owned fish to the victim H within a week of a week by delivering it.”
However, the defendant did not have the intention or ability to remit the proceeds even if he is supplied with civilian goods by the victim.
The defendant deceivings the victim as such, and is equivalent to 6,800,000 won from the victim.