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A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
1. On July 26, 2012, the Defendant stated to the effect that “The Defendant would import and sell Korean-style feed,” with the trade name of “C,” and that “The Defendant would import and sell Korean-style feed, and import Korean-style feed, equivalent to KRW 10 million, into Vietnam, within 20 days in advance, of 10 million in advance.”
However, in fact, even if the defendant received money from the victim, he was planned to use the received feed for personal purposes, such as living expenses, etc. immediately after receiving money from the victim, and he did not intend to import the received feed within 20 days even if he received money from the victim, such as there was no transaction for importing and keeping the received feed.
Furthermore, the Defendant did not have an economic ability to import feed even after having reached KRW 100,00,00 and there was no certain income and property.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the Agricultural Cooperative G account under the name of the Defendant on the same day.
2. Highest 2014No 1655;
A. On March 14, 2014, the Defendant: (a) received a call from the victim H to purchase an agricultural machine Tracker at an irregular place; and (b) stated, “The Defendant would deliver the victim the 35-mam Track Tracker, working machines, and clothes to the victim by March 17, 2014, in a factory of the sales chain C, which is operated within the limit of KRW 7 million.”
However, the defendant did not operate C at the time, and even if he did not possess the aforementioned Track, he did not have any intent or ability to deliver the Track to the victim even if he did not receive money as a sales price from the victim.
Nevertheless, the defendant deceivings the victim as above, and then is the Cit Bank Account under the name of the defendant from the victim.