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A defendant shall be punished by imprisonment for one year.
Reasons
Criminal facts
On August 26, 2011, the Defendant was sentenced to ten months of imprisonment by the Changwon District Court for fraud, etc., and was released on May 25, 2012 in the original prison on parole on May 25, 2012 during the execution of the sentence, and the parole period passed on June 25, 2012.
On February 2, 2013, the Defendant concluded that “D” factories located in the Haak-gun, Haknnam Ware C, “The Defendant would purchase this factory and operate a shipbuilding equipment factory, give all scrap metal generated therefrom to thener, register it as a director of this company, and lend more than 50 million won as corporate acquisition money to the necessary.”
However, the above factory is a building owned by FG and operated by F (State). The defendant agreed to pay F KRW 50 million to F on condition that the above factory take over, and at the same time, the defendant agreed to take over KRW 2.45 million of the debt of G (State). On the other hand, the above factory was an additional cost of KRW 2.17 million of the total design cost, construction cost and construction cost, expenses, etc. to operate the above factory as a shipbuilding equipment factory, and the defendant did not have any intention or ability to establish a shipbuilding equipment factory after purchasing the above factory, even if the defendant received KRW 50 million of the corporate acquisition price from the injured party, and there was no intention or ability to reduce the victim of the scrap metal arising from that factory.
As above, the Defendant: (a) by deceiving the victim; and (b) by deceiving the victim on February 14, 2013, the Defendant received KRW 25 million from the victim on February 14, 2013; and (c) acquired KRW 5 million on February 26, 2013, respectively.
On April 30, 2014, the Defendant made a false statement that “Around April 30, 2015, the Defendant would use only 6 months if he/she lends KRW 10 million to the victim H and return it together with interest.”
However, the defendant does not have certain occupation and income at the time.