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A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant pays 80,000,000 won to the applicant through fraud.
Reasons
Punishment of the crime
On December 13, 2012, the Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Northern District Court on December 13, 2012, and the judgment became final and conclusive on May 9, 2013, and completed the execution of the sentence at the Seoul Northern District Court on August 30, 2013.
On August 14, 2014, the Defendant made a false statement that “In the G singing room in Nam-gu Incheon Metropolitan City, the victim F, and the victim H, the victim F, and the victim H agreed to receive the right to operate the restaurant in the premises of the K T branch, with the aid of the chairperson of the labor union and the aid of the chairperson of the labor union, the Defendant would have the right to operate the restaurant in the premises of the KT branch.”
However, there was no friendly relationship between the Chairperson of the KTA and the victims, and there was no intention or ability to allow the victims to operate the cafeteria in the KTA.
As such, the Defendant, by deceiving victims, received cash of KRW 20 million from the victim H to receive KRW 20 million in consideration of the right to operate cafeterias in the premises of the branch office of the Gangwon-do from the victim H, and received cash of KRW 20 million from the victim F in consideration of the right to operate cafeterias in the premises of the Seoul Special Metropolitan City Office.
around September 16, 2014, the Defendant continued to receive KRW 20 million in cash from the victim F in consideration of the right to operate a restaurant within the Yeonsu-gu Incheon Metropolitan City Center, Yeonsu-gu, Incheon. On October 1, 2014, the Defendant received KRW 30 million in cash from the victim F in consideration of the right to operate the restaurant within the premises at the victim F in the same place. On October 13, 2014, the Defendant received KRW 20 million in consideration of the right to operate the restaurant within the premises within the jurisdiction of the Korean bank located within the building within the jurisdiction of the Dong-gu, Incheon Metropolitan City, Gyeonggi-do, in cash and KRW 20 million in consideration of the right to operate the restaurant within the premises.
Accordingly, the Defendant, by deceiving victims, was KRW 90 million in total from the victim F, and KRW 10 million in total from the victim H, including KRW 20 million in total from the victim H. However, the victim F received KRW 20 million from the victim H and transferred the right to operate a restaurant in the premises of the KT Japan-U.S. and the actual amount of damage is KRW 70 million in total from the victim H40 million in total.