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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
"2016 Highest 308"
1. The criminal defendant against the victim C is a person who is engaged in the breeding business in the Gun of South Korea.
On December 9, 2014, the Defendant would pay the victim the price of the failure by June 30, 2015, to the victim of the F-do, which is operated by the victim C in Jindo-gun, Jindo-gun, Seoul, by the day of December 9, 2015.
“A false statement” was made.
However, the defendant did not have any intention or ability to pay the failure by the contract date, even if he received the failure from the injured party because he had borne the obligation exceeding KRW 100 million by the financial institution.
The defendant deceivings the victim as above and acquired 400,000,000 won of the market price on the same day from the victim.
"2017 Highest 57"
2. On August 26, 2014, the defrauded of the Victim G calls the victim G from the Defendant’s house located in the Republic of Korea, Namnamdo, Gun, to supply the victim with a uniform leased money, such as personnel expenses, etc. for the shipment of a uniform to the victim.
“.....”
However, in fact, the Defendant did not have the ability to supply the uniform or to repay the borrowed money even if he borrowed the money from the victim, because the Defendant, including the financial institution’s debt of KRW 100,000,000, bears a large amount of obligation
The Defendant: (a) by deceiving the victim as above; (b) obtained the transfer of KRW 32 million in total from the victim to the account in the name of the Defendant; and (c) obtained the transfer of KRW 5 million in total from September 25, 2014 to the account in the name of the Defendant.
3. On March 20, 2016, the Defendant against the victim H sold the Defendant’s I vessel (1.03 tons, fishing vessel number J, hereinafter “instant vessel”) to the victim H at the Defendant’s home located in 08:30 on March 20, 2016, and at the victim H.
“.....”
However, in fact, the defendant's provisional attachment is established on the above I's ship.