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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. Fraud;
A. On July 1, 2010, the Defendant made a false statement to the victim K to the effect that “the Defendant shall immediately prevent the payment of goods to the L agency that he/she works as a member of the business, and shall be repaid within four months if he/she borrowed money.”
However, in fact, the defendant did not deliver the goods to the customer while working as the above L agency's member and did not pay the goods to the above agency, and the amount to be repaid is 40 million won or more, and even if he did not borrow the money from the victim due to the absence of any other property, he did not have any intention or ability to pay it.
Nevertheless, the Defendant, as such, received KRW 3 million from the victim, on July 1, 2010, around July 14, 2010, KRW 2 million around July 14, 2010, KRW 6 million around August 12, 2010, KRW 1.5 million around October 5, 2010, and KRW 1 million around October 15, 2010 from the victim to the bank account in the name of the Defendant, respectively.
B. On July 29, 2010, the Defendant made a false statement to the victim K to the effect that “The expenses, such as deposit and premiums, are required to start a business of the CJ agency, and 24 million won are borrowed.”
However, in fact, the Defendant did not deliver goods to the customer while working as a L agency operator operated by M and did not deposit the goods to the said agency, and did not have any property, and did not intend to pay the goods to the said M and did not have any other property. Therefore, the Defendant did not have any intent or ability to pay the goods even if the victim lent the money to the said M and did not have any plans to open the CJ agency.
Nevertheless, the Defendant, as such, deceiving the victim, and then remitting KRW 10 million from the victim on July 29, 2010, KRW 5 million on August 4, 2010, KRW 4 million on August 12, 2010, and KRW 5 million on August 23, 2010 to the Agricultural Cooperative Account in the name of M, respectively.