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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On November 17, 2011, the Defendant was sentenced to six months of imprisonment with prison labor for embezzlement at the Goyang Branch of the Jung-gu District Court, and the judgment was finalized on January 14, 2012, and on March 22, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for fraud, etc. in Goyang Branch of the Jung-gu District Court on March 22, 2012, and the judgment was finalized on August 25, 2012.
On May 15, 2011, the Defendant entered into a contract with the victim C (Nam and 35 years of age) to lease deposit money with the victim, stating that “The profits will be good if the Defendant leased and operated the static Corer in B Mart,” with the victim’s lease deposit money of KRW 30 million, monthly rent of KRW 1 million, and the lease period of one year.
However, the Defendant: (a) from March 201 to December 2010, 201; (b) from August 201, 2010 to February 201, the obligation incurred in the operation of the DNA set was equivalent to 300 million won; and (c) as a result, the Defendant was unable to normally operate the said DNA set due to accumulated personnel, he/she again accepted the said DNA set on or around March 201 with the money borrowed from E without his/her own funds; (d) the business was not well-grounded; and (e) it is difficult for the supplier to fully pay the price of the goods due to the above debt; and (e) it is sufficiently anticipated that the supplier would have recovered the goods or refused to deliver the goods; and (e) even if the Defendant leased the said horse to the victim, the supplier did not have any intent or ability to operate the said horse normally.
Nevertheless, as if Mart is operated normally, the defendant deceivings the victim as if he had been operated normally, and acquired 30 million won from the victim as a security deposit on May 16, 201 from the victim to the bank account in the name of the defendant.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Complaints, lease agreements, and specification of transactions;
1. Judgment.