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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
[criminal records] On August 21, 2012, the Defendant was sentenced to four years of imprisonment for fraud at the Cheongju District Court, and completed the execution of the said sentence at the Cheongju Prison on April 30, 2016.
[Criminal facts]
1. On November 9, 2016, the Defendant against the victim B and the victim C would be money to the victims at the E coffee shop located in Cheongju-si, Cheongju-si, Cheongju-si to export middle and high trucks to the Philippines via Busan.
h) They are engaged in motor vehicle-related business in the Philippines.
In order to export heavy wing truck from KRW 18 million to the Philippines, the commission may be charged to KRW 18 million to KRW 20 million, while the commission may be charged to KRW 4 million to KRW 50 million.
It was false that it would offer money to a third party when investing in money to purchase a secondhand truck.
However, there is no fact that the defendant was involved in the business related to the export of heavy trucks, and the defendant was released from prison after the prison, and tried to provide money to use for living expenses, etc. as a result of living without a certain occupation and income. Therefore, even if he received money from the victim, he did not have an intention or ability to pay profits to the victim after carrying out the business related to the export of heavy trucks.
As such, the Defendant, by deceiving the victims, received KRW 28.9 million in total from the victim B, including KRW 9 million on November 11, 2016, KRW 16.9 million on December 16, 2016, KRW 28.9 million on November 9, 2016, KRW 9 million on the same name from the victim C, KRW 5 million on November 22, 2016, and KRW 24 million on December 16, 2016, respectively, from the Defendant’s post office account in the name of the Defendant.
Accordingly, the Defendant, by deceiving the victims, received KRW 28.9 million from the victim C and received KRW 24 million from the victim C.
2. On April 18, 2018, the criminal defendant against the victim G is named as “A representative of the certified broker office” at the victim G at the I certified broker office located in the Gu office considerable to the Cheongju-si.