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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On January 30, 2013, the Defendant was sentenced to two years of imprisonment for fraud at the Suwon District Court, and the sentence on June 28, 2013 becomes final and conclusive.
[2013 Highest 1021] On May 24, 2012, the Defendant made a false statement to the effect that, within the astronomical basin located in 57-1, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-dong, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, the Defendant would make it possible for the Defendant to hold a restaurant on the ground of “B, the president of the construction company. It is necessary to build an apartment at the Yan-dong site of Gyeonggi-do. It is necessary to build an apartment at the Yansung-si site. (b) At the same time, the Defendant made it possible for the Defendant to hold a restaurant on the face of 13 million won.”
However, the fact that at the time, the defendant was not the president of the construction company, and there was no relation to the construction of apartment at the building site, so even if he receives money from the victim, the victim did not have the intention or ability to grant the right to operate the cafeteria.
The Defendant, as such, by deceiving the victim, received KRW 13 million from the victim on the same day under the name of the right to operate the restaurant.
[2013 Highest 2739] On April 2009, the Defendant made a false statement to the victim E in Dda near the Suwon Station that “in the city of Osan, G is operating within the city of Osan.” The Defendant made a false statement to the effect that it would reduce the operation of the apartment brine restaurant newly constructed in G to KRW 50 million.
However, since the defendant did not build the new apartment at the time, he did not have the intention or ability to grant the right to operate the cafeteria, and he was thought to use the money from the victim for the cost of living.
On October 26, 2009, the Defendant, by deceiving the victim as such, received two million won from the victim to the national bank account in the name of the Defendant on October 26, 2009, from that time, and received a total of 13 million won from that time until April 20, 2010 as shown in the annexed crime list.
Summary of Evidence
1. Statement of each of the accused in court;
1. Each police statement of C, H and E. 1.