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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal power] On November 10, 2010, the Defendant was sentenced to six months of imprisonment for embezzlement at the Gwangju District Court, and completed the enforcement of the sentence on March 28, 2011, and on January 17, 2014, the Defendant was sentenced to imprisonment for two years and six months, and on January 23, 2014, the judgment became final and conclusive on January 23, 2014 with respect to crimes stipulated in Articles 1, 3, and 4 as fraud at the Gwangju District Court.
【Criminal Facts】
1. On June 2012, the Defendant made a false statement to the effect that “E” operated by the victim D in the Southern-gu Seoul metropolitan area, “E is scheduled to build the first apartment complex from September 1 to September 1, 2000, and KRW 35 million will be able to acquire and operate the right to operate the restaurant from the construction company in charge of the construction company of the Y.”
However, even if the defendant receives money from the victim, the defendant did not have the intention or ability to receive the right to operate the bus cafeteria in the construction site of the apartment constructed by Hyundai MMco in the ancient city of the Gyeongnam-dong system.
As such, the Defendant, by deceiving the victim and deceiving the victim, KRW 10 million from the victim on June 19, 2012, KRW 6 million on or around June 20, 2012, KRW 10 million on or around June 27, 2012, and KRW 10 million on or around June 27, 2012;
6. A total of KRW 35 million was transferred from around 29.2 to the Agricultural Cooperative account in the name of F that the Defendant actually used.
2. On August 2012, the Defendant made a false statement to the victim at the place of the foregoing paragraph (1) stating, “The Defendant would be able to construct the second apartment following the first apartment in the ancient city of the Gyeongnamo system, and 42 million won will be able to acquire and operate the right to operate the brin restaurant from the construction company in charge of the brine.”
However, even if the defendant receives money from the victim, the defendant did not have the intention or ability to receive the right to operate the boom in the construction site of the above apartment constructed by Hyundai MMco in the ancient city of the Gyeongnam-dong system.
The Defendant, as such, deceiving the victim and deceiving him/her from the victim on August 3, 2012, and KRW 2 million from the victim on August 3, 2012.