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The punishment of the accused shall be determined by one year and eight months.
Reasons
Punishment of the crime
[Criminal record] On November 21, 2014, the Defendant was sentenced to a suspended sentence of one year for fraud at the Daegu District Court, with two years’ imprisonment, and the judgment became final and conclusive on November 29, 2014.
[2016 Highest 906] On April 8, 2014, the Defendant made a false statement to the victim E, “on the face of the loan of KRW 200 million to the victim E, at the office of the farming association corporation located in Ansan Dong-dong, Seoul, and by June 8, 2014.”
However, the facts are that the Defendant had already borne the obligation of 50 million won or more to F, and thus there was no intention or ability to repay the money even if it was borrowed from the damaged person.
The Defendant: (a) by deceiving the victim as above; (b) transferred KRW 100 million from the victim on April 5, 2014; and (c) KRW 43 million on August 8, 2014 from the victim to the Agricultural Cooperative’s account; (b) received cash KRW 27 million from the D’s office located in Ansan-si, Dong-si, Seoul; (c) received KRW 27 million from the victim’s office; and (d) received KRW 30 million and KRW 1009,000 from the victim’s office at that time; and (e) obtained the money of KRW 200 million from the victim’s office.
[2017 Highest 299] The Defendant, at the H office located in Ansan-si, G on April 2014, 201, can get the victim I to get a lot of profits from the purchase of the tin to his/her seat and then to the end of his/her sale.
A false statement was made to the effect that “The payment of the purchase price and the private company will be made at the latest until May 2014, because the purchase price and the private company are terminated within one month.”
However, the facts are that the Defendant had a liability of 200 million won or more including the obligation for the construction cost at the time, and the Defendant did not have any intent or ability to repay the amount even if he borrowed the death and the purchase price from the injured party, such as selling the company and paying other debts with the price received
On April 29, 2014, the Defendant, by deceiving the victim, had the victim transfer KRW 38,80,000 from J to the Agricultural Cooperative Account (Serial L) in the name of K.