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A defendant shall be punished by imprisonment for not less than three years and six months.
Reasons
Punishment of the crime
[Criminal Power] On May 25, 2011, the Defendant was sentenced to two years of imprisonment for fraud at the Seoul Southern District Court, and completed the execution of the sentence in Seoul Southern District Court on October 10, 2012.
[2015 Highest 1714] The Defendant, along with C, D, E, and F, has opened a disguised office with a logistics company. The Defendant intended to obtain money for the purchase price of franchising vehicles by reporting false franchising an advertisement for the recruitment of franchisors. The Defendant, while taking overall charge of the instant crime with D with a name, provided the name of a disguised corporation, falsely advertised, contractor counseling, contract conclusion, etc.; C provided the name of a disguised corporation as the representative director of H (i) that is a disguised corporation, and then delivered the amount to the Defendant after cash withdrawal; E, under the direction of the Defendant and D with the name of “J”, performs the remaining business related to the instant crime, such as telephone reception, vehicle driving, etc.; and F, under the direction of the Defendant and D; and F, a person in charge of the instant physical distribution center as “K”.
Defendant
On October 2014, in accordance with the above public offering, the following false statement was made to the victim L, who reported the advertisement of the above corporation H that recruited the borrower for the carriage of cargo in the Kimhae-dong and the Rocheon-do in the coffee shop in the Seocho-si Kim Jong-dong, Kim Jong-si, Kim Jong-dong, stating that “The victim had a fixed section from the Kimhae-dong to the Kacheon-cheon, there is a set of KRW 9 million per month during the five-day service of the week, the vehicle price is KRW 78 million per month, and the vehicle in his possession is KRW 20 million for the vehicle to be appropriated for the vehicle price.”
However, even if the defendant et al. takes over the vehicle price and the existing victim's vehicle from the above victim L, the defendant et al. did not have the intention or ability to provide new vehicle and transport reduction.
Defendant
As above, etc.