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Defendant
There is three years of imprisonment with prison labor for the crimes of No. 1 and No. 4(b) in the judgment of A, and the crimes of No. 2 and No. 4 in the judgment.
Reasons
Punishment of the crime
Defendant
On February 9, 2011, A was sentenced to eight months of imprisonment for fraud in the Jeonju District Court's Gunsan Branch, and the above judgment became final and conclusive on June 30, 2011.
"2011 Highest 1248"
1. On April 9, 2010, Defendant A (Fraud) invested each amount of KRW 240 million to the victim H in the mutual incompetence located in the Masan-si, Sinsan-si, and purchased scrap metal in Korea and exported and sold it to China, and made a false statement to divide profits into half.
However, the defendant did not have any intent or ability to invest the amount of money equivalent to his own name even if he received money from the victim due to the lack of specific property and income from his own name, and even if he purchased money with the invested money from the victim, he did not have an intention to export it to China and divide the proceeds from sales into the victim.
Nevertheless, the Defendant, as above, by deceiving the victim as above, received KRW 8 million from the victim on April 12, 2010, KRW 12 million on May 27, 2010, and KRW 24 million on June 23, 2010.
"2012 Highest 3218"
2. Defendant A and B (Attempted Fraud) filed a complaint by Defendant A due to his failure to repay his personal debt to the victim H, and Defendant A’s corporeal movables are likely to go beyond auction; Defendant A’s corporeal movables are likely to sell building materials using a false construction material transfer and takeover contract; and Defendant A and B, upon withdrawal of a criminal complaint from the victim, had the victim delayed the payment demand and delayed the auction of corporeal movables.
At around 11:00 on March 27, 2012, the Defendants drafted a construction material transfer contract with the content that “1. 5,000 construction materials A-si and 5,000 construction materials E-si, 4m 5,000 E-si and siba, 6m 6m E-si and siba, 30,000 building pumps, 30,000 building pumps, and 10,000 building boxes,” which are taken over from B.
Defendant A on April 9, 2012