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1. The defendant shall be punished by imprisonment for four months;
2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
1. Fraud;
A. On October 2012, 2012, the Defendant sent KRW 35 million to the Defendant, who was living together at the Defendant’s home located in Gangnam-gun Hongcheon-gun, the Defendant called, “The Defendant would purchase KRW 500 km from L located in the Chungcheongbuk-gun, by calculating KRW 1000 km per 1km of seeds and KRW 50,000 per 1km.” The Defendant sent KRW 700 km with the wife’s and the wife’s share. On that occasion, the Defendant said that the Defendant calculated KRW 50,000 per 1km-gun of the money and expressed that “......”
However, in fact, the defendant decided to purchase the seed ginseng of KRW 1000 g 1 km per 40,000 g from L, and the defendant attempted to purchase the difference from L to KRW 50,000 per 1 km.
As such, on October 9, 2012, the Defendant, by deceiving the victims, transferred KRW 35 million from the victims to the Defendant’s agricultural bank account as the purchase price for seeds on October 9, 2012, and purchased KRW 700km 28 million in seeds and purchased KRW 700km to the victims, and the Defendant had the remainder of KRW 7 million.
Accordingly, the defendant acquired 7 million won from victims.
B. On July 2013, 2013, the Defendant stated that “The Defendant purchased the seeds from N in Hongcheon-gun M with KRW 28,50,000,000 for each of them,” from the Defendant’s home to the victims.
However, in fact, the defendant did not bear the purchase price of the seed, and purchased the seed ginseng only with the money received from the victims, and tried to separate it from the victims.
As such, the Defendant: (a) by deceiving the victims and purchasing seeds from the victims on July 4, 2013; (b) KRW 400,000,000 on September 3, 2013; (c) KRW 700,000 on September 13, 2013; (d) KRW 10,108,000 on October 27, 2013; and (e) KRW 21,08,008,000 on October 30, 2013; and (e) purchased seeds with KRW 12,670,000 on the basis of the purchase price and expenses for seed ginseng; and (e) purchased seeds with KRW 6,330,00 on the victims.