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A defendant shall be punished by imprisonment for not less than three years and six months.
Reasons
Punishment of the crime
On September 20, 2012, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment for fraud at the Seoul Southern District Court on September 20, 2012, and the judgment became final and conclusive on September 28, 2012.
"2013 Highest 2348"
1. On June 10, 201, at the office of Guro-gu Seoul Metropolitan Government D D Co., Ltd. (hereinafter “E”), the Defendant made a false statement to the effect that “The victim C, who was found to work as a branch owner, shall be free from the office of Guro-gu Seoul Metropolitan Government D Co., Ltd. (hereinafter “E”), shall be free from the office of the victim C, and “the victim C, who shall be free from the F, and shall transfer the vehicle price to the account in the name of E, if the transport duty begins from the inside of the day to the day of transport.
However, in fact, the defendant did not have the intent or ability to allow the victim to receive cargo from F or to perform transportation duties, and the defendant was expected to use the money that he received from the victim for the purpose of personal debt repayment, etc., because the defendant was not able to use the money received from the victim for E and the defendant, since the debt amount of E was much and its financial status was not good, and the corporate income was not regularly entered.
As above, the Defendant, by deceiving the victim as above, took over KRW 28,00,000 from the victim to the new bank account in the name of E on June 11, 201, and acquired KRW 18,000,000 in total from the victim to the new bank account in the name of E.
2. Around April 20, 2012, the Defendant entered into a transport contract with the victim H and “work company: J: Work site; Delivery site: from 07:30,000 won in the Seoul Metropolitan Area; 550,000 won: oil expenses, road expenses, additional tax, maintenance expenses: 3% of the sales amount; 3% of the sales amount; 50,000 won in the Defendant’s operation; and 60,000,000 won in the future in the transportation contract with the victim H and the victim H found to work as cargo owner at the E office of 506 of the I building in Guro-gu Seoul Metropolitan Government.
However, the facts have been operated by the defendant.