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A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
1. On January 1, 2010, the Defendant said that “If the Defendant supplied three-class 2,015 wind power generation devices, he/she will pay the price to the victim E by June 10, 2010, at the office of the D Research Institute, which is located in Hacheon-si, Seocheon-si, Seoul.”
However, the Defendant heard that the Defendant would no longer have the ability to put into the development of wind power generation devices from the representative of the above company on February 2010, and that the Defendant would not have the ability to pay the price by June 10, 2010, even if he received the above tin from the victim, the Defendant did not have the ability to pay the price by June 10, 201.
Nevertheless, on March 16, 2010, the Defendant failed to notify the victim of such fact, and received from the victim the supply of approximately 39,234,375 Won ($34,773) at the above office around March 16, 201, three-class 2,015 tin for wind power generation.
Accordingly, the defendant was given property by deceiving the victim.
2. Around February 9, 2010, the Defendant stated that “Around February 9, 2010, the Defendant would pay KRW 13,227,800,000 to the Defendant, if he/she borrowed KRW 13,227,80 as it is difficult for the Defendant to raise funds to procure wind power generation components from the office of the D Research Institute in Busan-si, Seocheon-si, Seocheon-si, Seoul, to pay the Defendant a sum of KRW 20 million from the Customer on March 18, 2010.”
However, the Defendant did not have a fixed plan to collect the amount of KRW 20 million from the customer on March 18, 2010. The Defendant did not have any intention or ability to pay the amount normally even if she borrowed money from the victim because there was no cost-raising for manufacturing the wind power generation product at the time.
Nevertheless, on February 9, 2010, the Defendant received KRW 13,227,80 from the victim with the agricultural bank account in the name of F on February 9, 2010 and acquired it by fraud.
3. On March 18, 2010, the accused of fraud around March 18, 2010, by telephone from the victim around March 18, 2010.