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1. The defendant shall be punished by imprisonment for a period of one year and six months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 11, 2013, the Defendant was sentenced to 10 months of imprisonment for a crime of fraud at the method of Suwon, and the said judgment became final and conclusive on March 13, 2014.
1. On February 2012, the Defendant told the victim G from F located in Pyeongtaek-si E to the effect that “If the Defendant wishes to receive scrap metals from the H company, the Defendant would have paid the deposit amount (Advance payment) to the relevant company.”
However, the Defendant was thought to use the funds for the business from the beginning because of the fact that the Defendant was in need of funds due to sealed public charges or benefits at the time, so there was no intention or ability to deliver the funds to the supplier of scrap metal even if he received the deposits from the injured party.
Nevertheless, as the Defendant would have had a stable delivery of scrap metal, the Defendant would make the victim make a false statement and received 40 million won in cash from the injured party and 10 million won in our bank account from the name of the Defendant through I on the day, and the Defendant would have the victim receive the payment of deposit money to H, J, K, L, M, etc. as shown in the attached crime list from around the above time to June 20, 2012.
In order to make a false statement, a sum of KRW 274 million was issued as a security deposit and acquired it by fraud.
2. On April 2012, the Defendant may not lease the victim’s credit standing with the need for machinery to be used in the factory to the victim.
The purpose was to “the conclusion of the Telecommunications Lease Agreement to pay the rent every month.”
However, the defendant did not have any particular income at the time, and there was no intention or ability to pay the rent normally because the employee's benefit was in arrears.
Nevertheless, Defendant 1 made a false statement to the victim, and caused the victim to do so on April 5, 2012, the victim to do so, and 30 million won per 30 months thereafter.