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A defendant shall be punished by imprisonment for four years.
Of the facts charged in the instant case, the fraud of the lease deposit shall be acquitted.
Reasons
Punishment of the crime
[criminal records] On January 21, 2009, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the Gwangju District Court on June 30, 2009, and the parole period was expired on July 23, 2009 during the execution of the sentence. On November 9, 2012, the Defendant was sentenced to three months of imprisonment for fraud at the Incheon District Court, and the judgment became final and conclusive on February 27, 2013.
[Criminal facts] 2015 Gohap 164
1. Fraud;
A. On December 22, 2011, the Defendant: (a) at the office of the victim J in Seocheon-gu, Seocheon-gu, U.S. (hereinafter “K”); (b) the Defendant, despite having no intent or ability to timely pay the price to the injured party even if he/she was supplied with a prior climate, etc. from the injured party; (c) provided the injured party with a “L farming association corporation” and “M” in substance within six months at the time of supplying a prior weather, etc.; and (d) supplied the damaged party with the goods within six months at the time, and then, he/she received N270 (21,60,000,000 won from the injured party on December 22, 2011; and (d) supplied the goods with a total of KRW 211,630,000,000,000 (hereinafter “160,000,000 won, 306,000,000 won, and 166,006,00.
B. On April 9, 2012, the Defendant, at the place described in the foregoing paragraph (a) and even if having received an additional supply of a storm from the victim J, does not have the intent or ability to pay the price in time, the Defendant would pay the price to the victim as the Defendant is supplied upon the supply of the 1,00 advance wind.
“Falsely speaking, the Plaintiff received 18 million won per day from the injured party on the same day (hereinafter “second supplied goods”) and then paid 4 million won as the price for the goods and paid 14 million won as the remainder in the manner of paying 18 million won.