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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. On December 2, 2010, the Defendant made a false statement to the effect that “The Defendant, on December 2, 2010, at the Cheongong-dong located in Jeonnam-gun, Jeonnam-gun, the sales of capital at KRW 71,50,000 of the purchase price for capital harvested from the field of capital reduction of approximately 11,00 square meters in Jeonnam-gun, etc., on the condition that “The payment of KRW 28,00,000,000,000,000,000,000 won, harvested capital by May 30, 201, shall be made immediately, and the remainder shall be made by April 30, 201.”
However, even if the defendant receives money from the victim as the down payment for capital reduction sale, he thought that most of them will be used for personal purposes unrelated to the capital reduction cultivation, such as expenses for his own stock cultivation and the repayment of existing loans, and thus, he did not have any intention or ability to harvest capital by the victim.
The defendant received KRW 28 million from the Agricultural Cooperative (Account Number F) in the name of the defendant for the purpose of capital reduction trading on the same day from the victim and acquired it by money.
2. On December 29, 2010, the Defendant presented to the victim C’s H farming association office operated by the victim C in Jeonnam-gun, Namnam-gun, on December 28, 2010, a false statement to the effect that “The Defendant, at the H farming association office operated by the victim C, sells capital stock harvested from approximately KRW 30,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,00,00,00
However, even if the defendant received money from the victim as the down payment for capital reduction sales, he did not have the intention to pay down payment according to the capital reduction cultivation agreement to the farmers listed in the list of capital reduction sales area presented by the victim.