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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 October 2014, the Defendant made a false statement to the effect that there is a company code that can treat hp computer peripheral devices to “D”, a company handling its own computer peripheral devices, and that from the computer and peripheral-trade chain G operated by the victim F in Nam-gu Incheon Metropolitan City, Nam-gu, Seoul, the Defendant purchased from the members of the said company to cover the hp computer devices and would have a big profit if sold back to another place.
However, the defendant was thought to be used for other purposes, such as paying the price for the goods from the customer of the defendant company by receiving the price for the goods from the victim, and there was no intention or ability to remaining the proceeds by selling the flive machine in another place.
The Defendant, as above, by deceiving H, received 34,950,000 won, which was owned by the victim under the name of the Nonghyup Bank (J) around the 31st day of the same month from H to the account in the name of Franter.
Accordingly, the defendant was given property owned by the victim by deceiving H.
2. On January 21, 2015, the Defendant made a false statement to the effect that, “If the Defendant purchased 900 units of the hp green machine from a member of the crew and supplied them to the K company, he would purchase the hp set from the member of the staff who would incur profits and divide the profits from the purchase of the hp set from the member of the staff into half of the profits.”
However, the defendant thought that he would use it for other purposes, such as using it to pay his personal debt by receiving the money from the victim, and purchased the flive machine, and did not have any intention or ability to sell it in another place to leave the proceeds.
As above, the Defendant deceiving H and then, around the 23th day of the same month from H, received KRW 90,00,000 from the said I’s Bank account (J) and transferred KRW 97,085,00 to the national bank account (L) and received KRW 187,085,00,000 in total from the victim.