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A defendant shall be punished by imprisonment for three years.
Of the facts charged in the instant case, the fraud of June 12, 2009 against E is acquitted.
Reasons
Punishment of the crime
[criminal power] On April 18, 2012, the Defendant was sentenced to a suspended sentence of three years of imprisonment with prison labor for fraud, etc. at the Chuncheon District Court on March 18, 2012, and the judgment became final and conclusive on June 21, 2012.
[2012 Highest 313]
1. Fraud against victim F;
A. Around November 9, 2009, the Defendant acquired property, such as a borrowed money, made a false statement to the effect that “If the Defendant’s (ju) office located in Gangwon-gun G lends KRW 30 million to the victim F, the Defendant would allow the victim F to perform the construction work at least 50,000 won per ordinary year, and to pay the construction cost in cash at the time of the commencement of the construction work, 30,000 won would also be repaid.”
In fact, even if the defendant borrowed 1.4 billion won from the victim's debt, he did not have the intent or ability to pay 50 persons to the victim the borrowed 1.4 billion won from the victim with no intention or ability to do so.
Although the prosecutor stated in the facts charged that the defendant did not permit the self-rective mining, the prosecutor may recognize the fact that the defendant obtained the approval of mining plan on August 12, 2005 with respect to the J mining right held by the defendant, and thus, this part is deleted, and the reduction of the defendant's deception method does not affect the basic identity of the facts charged in the case, nor does it cause any disadvantage to the defendant's exercise of his right to defense. Thus, the prosecutor recognizes the facts charged as above without any changes in the indictment and not
Nevertheless, the Defendant, as above, deceiving the victim and deceiving the victim as above, was transferred from the victim on November 9, 2009 to the I’s bank account in the name of I on November 1, 2009, transferred KRW 25 million on November 11, 2009, as well as from November 9, 2009 to July 15, 2010, by deceiving the victim as if he were to perform the Corporation from November 9, 2009 to July 15, 201, 8 times as shown in the List of Crimes 1 (1).