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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
"2012 Highest 582"
1. On September 15, 2009, the fraud Defendant stated that “D” operated by the victim C in 15:00 on September 15, 2009, the Defendant would build a gas station in G, Gangwon-si E, Gangwon-si. If the Defendant lent 320 members of the board necessary for the Corporation, the Defendant would pay rent of KRW 4,400,000 on January 15, 201.
However, the defendant did not have any particular property or income, and there was a debt equivalent to about KRW 600 million, and even if he borrowed construction materials from another person, he did not have the intention or ability to pay rent.
The Defendant, from September 25, 200 to January 15, 2010, leased Chapter 320 on September 25, 2009 by the victim and did not pay the rent, and the Defendant did not pay the rent for building materials worth KRW 11,975,000 in total on five occasions as shown in the list of crimes in attached Form from around that time to around January 15, 2010.
Accordingly, the defendant, by deceiving the victim, acquired a total amount of 11,975,00 won property interest.
2. Around May 12, 2010, the Defendant arbitrarily disposed of the teams, etc. equivalent to KRW 21,890,000, which were leased from the victim C at the site of the new construction of gas stations in Gangwon-gun E, as in the preceding paragraph, to F.
Accordingly, the defendant embezzled the victim's property.
In spite of the fact that anyone is prohibited from transferring the means of access, the defendant is entitled to receive the payment if he/she creates a passbook from his/her name defectist in Taecheon-si, on November 13, 2012, together with the proposal that he/she would make the passbook from his/her name defectist. On November 19, 2012, the defendant received three accounts in the name of G (H, I, J), three accounts (H, I, and M), three accounts (K, L, M), and three accounts in the name of G in the above G at the National Bank located in Taecheon-dong, Taecheon-dong, Taecheon-dong, Inc., in the name of the above company G (K, L, and M), and opened the above six accounts, six cash cards, and passwords from Tae Taecheon-dong bus terminals located in Taecheon-dong, Taecheon-dong, Taecheon-dong, at around 15:30 on the same day.