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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
On March 25, 2016, the defendant was sentenced to imprisonment with prison labor for a period of one year by the Incheon District Court for interfering with the exercise of rights.
5. 24. Finality was established.
1. On April 27, 2012, the Defendant, in E operated by the victim D located in Kimhae-si, Kim Jong-si, on April 27, 2012, the price of the said victim’s “if the four major lecture projects are completed, sand will be left
It is intended to purchase sand on the face of advance and supply it at the price prior to the increase even if the price is calculated after the purchase of sand.
The Defendant stated that the Defendant had no intent or ability to supply sand to the victim at the time of the victim’s desire, even if the Defendant received money under the name of advance payment from the victim D because it is difficult to cope with the installment of the freight truck purchased for sand transport, insurance premium, obligation and interest thereon, personnel expenses necessary for the operation of the truck, oil payment, etc. from other persons under the name of operating expenses only by means of sand sales. Nevertheless, on April 27, 2012, the Defendant, by deceiving the above victim as such, received KRW 12 million from the victim D to the national bank account in the name of the Defendant from around that time until September 11, 2012, and received KRW 25,100,000 from the victim D, F, and G on nine occasions more than September 11, 2012 under the name of advance payment for sand purchase, respectively, on February 23, 2013, the Defendant borrowed the above KRW 300,000 from the victim’s office.
6. Down payment to 30.
The term "assumed" was referred to.
However, the defendant did not have an intention or ability to repay the borrowed money until the date promised to pay it to the above victim due to the circumstances described in paragraph (1).
Nevertheless, the Defendant, as such, deceiving the victim H and deceiving it from the above victim, to the Defendant’s national bank account under the pretext of the loan from the above victim, with the Defendant’s national bank account on February 23, 2013, and the same year.
3. received the remittance of KRW 60 million.
3. The defendant.