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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
[criminal records] On September 24, 2015, the Defendant was sentenced to a suspended sentence of three years for criminal fraud at the Seoul Western District Court on September 24, 2015, and the said judgment became final and conclusive on December 7 of the same year.
[2] On August 2, 2013, the Defendant stated that “Around August 2, 2013, the Defendant would repay KRW 100 million to the victim H within the 14th floor of Jongno-gu Seoul Metropolitan Government F Building,” “A factory of the KJ at privatecheon-si I was completed almost, and there was a sales and distribution agreement between Et, E, E, E, and Hyundai department stores, etc., which would be repaid within one month from borrowing KRW 100 million.”
However, the defendant was not only short of funds necessary for the completion of a factory of the KJ, and even if completion is completed, there was no distribution agreement with the seller in advance, and there was no reason to operate the factory, and there was no special property. Therefore, even if the defendant borrowed money from the damaged party, there was no intention or ability to repay the money.
Nevertheless, the defendant deceiving the victim as above and transferred KRW 100 million to the JBB Bank account (K) from the victim.
Accordingly, the defendant was given property by deceiving the victim.
On November 26, 2014, the Defendant, “2017 Highest 331, the Defendant, at the office of “N” in the management of the victim M engaged in the cosmetics trade business located in Pyeongtaek-si LB-103 around November 26, 2014, concluded that the Defendant was requested by the injured party to supply a large number of human resources in China, and that “the Defendant is engaged in the cosmetic distribution business, such as producing and supplying the cosmetic itself,” and that “the Defendant is able to supply the cosmetic products of this case within 25,00 products of this case,” and that “the Defendant would supply 25,00 products of this case within 20 days.”
However, at the time, the product of this case is manufactured, a traffic, or a fixed distribution.