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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 8, 2013, the Defendant was sentenced to imprisonment with prison labor for six months at the Cheongju District Court for fraud, and the judgment became final and conclusive on January 16, 2013.
[2013dan708] The Defendant operated a kimchi factory in his/her trade name from April 2009 to April 2010 (hereinafter “E”) and from August 2010 to June 2012, G Co., Ltd. (hereinafter “G”) located in Chungcheongnam-gun, Chungcheongnam-do. The Defendant operated a kimchi factory in his/her trade name.
1. On October 2, 2011, the victim H, I, J, K, and L: (a) the Defendant was operating G, saying, “The Defendant would pay the transport cost immediately upon the loading of the drilling,” to the victim H by telephone.
However, even if the Defendant was provided with transportation services from the above victim, the Defendant had already borne an individual loan and a bank loan amounting to approximately KRW 600 million in total, around June 2010, and there was no intention or ability to reimburse the transportation expense, since there was no property under the Defendant’s name.
The Defendant, by deceiving the victim as above, received an amount equivalent to KRW 5,30,00 from the victim, and acquired pecuniary benefits equivalent to the same amount from the above G on the same day, and by the same method from that time to May 18, 2012, by deceiving five victims, such as the statement in the list of crimes attached hereto, and acquired pecuniary benefits equivalent to the same amount.
2. Fraud against the victim M;
A. On June 29, 2010, the Defendant of KRW 5.5 million stated, “The Defendant shall pay the victim KRW 5.5 million interest on E’s loans to the affiliated branch of the company bank to the affiliated branch of the company bank,” on behalf of E, that “The Defendant would pay the victim within two to three days to the affiliated branch of the company (victim).”
However, for the same reason as paragraph (1), the defendant paid the above loan interest on behalf of the victim on behalf of E.