A defendant shall be punished by imprisonment for not less than three months.

Punishment of the crime

[criminal power] On February 13, 2015, the Defendant was sentenced to four months of imprisonment for fraud at the Daejeon District Court, and the judgment became final and conclusive on May 23, 2015.

【Criminal Facts】

1. Around April 9, 2012, the Defendant: (a) around 2012.4.9, in the Gyeonggi-gu Gyeonggi-gun C, the Defendant told the victim D to obtain a large amount of profit if he/she engages in landscaping business (a sales of pine trees for landscaping). When he/she borrowed KRW 10 million, he/she used it for one month, and to return money by adding interest thereto.

However, the defendant was expected to receive money from the victim to spend it as expenses for other landscaping businesses, and as such, there was a debt of 6 million won, so even if he borrowed money from the victim, he did not have any intent or ability to repay the principal and interest after the month.

The Defendant, as such, by deceiving the victim, received KRW 10 million from the victim to the post office account (E) in the name of the Defendant.

2. Around May 10, 2012, the Defendant presented sick trees to the victim G from Echeon-si around May 10, 2012, saying, “The Defendant would purchase sick tree 110,000 won per week.”

However, since the defendant was planned to use money from the victim for other business expenses, there was no intention to purchase shot trees even if he received money from the victim.

The Defendant, by deceiving the victim, received from the victim the amount of KRW 100,000,000 from the victim, a sum of KRW 45,50,000,000,00 in cash, and KRW 1,50,000.

3. On May 25, 2012, the Defendant displayed pine trees to the victim G in Gangnam-si, Gangnam-si, stating that “h will purchase 80 pine trees. If the Defendant wishes to enter into a contract with the landowner in the land where pine trees are planted, KRW 11 million should be deposited into the account in the name of the State, which is the land owner, as it is necessary.”

However, the above I was not land owner, and it was expected that he will receive money from the victim and use it for other business expenses, so even if the defendant receives money from the victim.