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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
【The Defendant was sentenced to one year of imprisonment for fraud at the Seoul Eastern District Court on December 4, 2013, and the judgment was finalized on August 28, 2014. On May 21, 2014, the Defendant completed the execution of the sentence at the Sungdong Detention House.
[Criminal Facts]
1. Fraud;
A. On April 6, 2012, the Defendant made a false statement to the effect that “The Defendant would purchase and sell the scrap metal at the face of KRW 40,000,000 from the funds to purchase the scrap metal at the door-to-door rebuilding site,” at the victim D office in Seocho-gu Seoul Metropolitan Government (State) office, and that “The Defendant would purchase and sell the scrap metal at the face of KRW 40,000 from the funds to purchase the scrap metal.”
However, even if the defendant receives money from the injured party, the defendant thought that he will use it individually without using it to purchase the goods at ordinary home site.
The Defendant, by deceiving the victim as such, was transferred KRW 40 million from the account in the name of F, the partner of the victim, to the Defendant’s leakage or G’s agricultural bank account (H) on the same day.
B. At the end of April 2012, the Defendant made a false statement to the effect that “The Defendant would purchase and sell any scrap metal coming from the removal of the Ulsan I Factory removal construction, and would change the amount of KRW 150 million with the purchase fund of the scrap metal.”
However, even if you receive money from the injured party, the fact was used for the purchase fund of KRW 50 million among them, and the remaining KRW 100 million was thought to be used individually.
Around April 30, 2012, the Defendant: (a) by deceiving the victim; (b) caused the victim to transfer KRW 50 million to the said person’s account; and (c) obtained money from the victim to the said G account in the name of the said G from May 3, 2012.
2. On May 15, 2012, the Defendant paid from the above J as the price for the purchase of scrap metal at the luxary land for the Ulsan Factory.
50 million won is returned to the above G account in the name of the said G and 30 million won out of the custody for the said victim.