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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 18, 2016, the Defendant entered into a contract for the supply of agricultural products with B and 100 million won for the supply of domestically-developed soil at a non-permanent place around 14:00, and the supplier column stated that B believed the Defendant as the representative director of the incorporated farming association C (hereinafter “C”) to be “C representative director”, “DB” in the buyer column, “D B” in the buyer column, “10,000,000 local soil wave of 10,000,000 won,” and the down payment of KRW 50,000,000 shall be KRW 50,000,000,000,000,000 won, after signing the contract for the supply of agricultural products as stated in the contract around October 19, 2016.
Accordingly, for the purpose of exercising, the defendant prepared and exercised a copy of the Agricultural Products Supply Contract, which is a private document on rights and obligations, with the qualification of representative director C.
2. The fraud accused, at the same time and at the same place, stated that “C is a company that supplies agricultural products to large enterprises, such as E and F, and the substantial representative director of C in this country. If funds are insufficient due to the new construction of a factory of C, the right to harvest 100 million won due to the shortage of funds would be transferred the right to harvest 10,000 square meters from the Kim Man-Sa field in the internal possession. When harvest time is the time, the above large wave will be supplied, and if it is impossible to supply the large wave, the amount will be paid by adding 10% to the amount which has not been supplied.”
However, in fact, the Defendant did not have the actual representative director of C, acquired shares in kind with C, and then thought that he had engaged in the same business with G, the representative director of C, so even if he was paid the price, he did not have any intention or ability to return the said fact to the victim or to return it to the amount plus 10% of the price.
Ultimately, the defendant deceivings the victim as above, and is against the victim.