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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On April 30, 2010, the Defendant stated to the effect that “D” coffee specialty store located in the Gangnam-gu Seoul Metropolitan Government (hereinafter referred to as “C”), “The Defendant is a person who registered or registered the livestock industry operating a Korean-style farm located in F in the permanent residence of North Korea,” and that “it shall pay half of the excess profits if the profit exceeds one million won.” The Defendant purchased a Korean-style bus and sold it after two years, thereby guaranteeing the payment of the profit of KRW 5 million per annum and KRW 1 million per annum, and then selling it after one year.”
However, in fact, there was no fact that the above one farm was operated or registered, and there was no surplus funds or no economic basis for the operation of the Korea-friendly cattle breeding business, and there was no ability to purchase the invoice and to make the consignment breeding. Therefore, there was no intention or ability to pay the agreed principal and earnings.
As above, the Defendant, by deceiving the victim E, obtained KRW 5 million from the victim E to the Defendant’s agricultural bank account in the name of investment in the purchase and the consignment raising on April 30, 2010, and acquired KRW 25 million from that time to July 1, 2010, by deceiving the victim four of the above purport, from that time, and by deceiving the victims into the above account four times as shown in the attached list of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G (including the part concerning the statement statement of H);
1. Statement of the police officer to I;
1. Complaint;
1. Application of Acts and subordinate statutes of each contract for the breeding of Chinese milk, each specification of transactions, and each specification of transactions;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime (Fraud and choice of imprisonment);
1. The reason for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (decision of type), fraud, general fraud, and reason for the sentencing.