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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
On May 27, 2009, the Defendant was sentenced to a suspended sentence of three years for a term of fraud, etc. at the Seoul Eastern District Court on December 10, 2009, which became final and conclusive on December 10, 2009. On July 22, 2010, the Suwon District Court sentenced a suspended sentence of five years for a term of three years for a crime of fraud at the Suwon District Court, which became final and conclusive on July 30, 2010.
On January 15, 2008, the Defendant: (a) around January 15, 2008, at the D office operated by the Defendant of the 5th floor in Gangnam-gu Seoul Metropolitan City, the Defendant sold G commercial buildings to the victim E; (b) now, G commercial buildings are sold in lots at the F District parking site in Namyang-si, Namyang-si; and (c) may obtain profits from selling them; and (d) would sell commercial buildings on the face of the selling price. The Defendant made a false statement to the effect that it would be “.
However, the defendant's company did not intend to sell G commercial buildings, and the defendant did not have entered into a sales agency contract with H which is the executor of G commercial buildings, and even if he received money from the victim as the sales price, he did not have the intent or ability to sell G commercial buildings to the victim.
The Defendant received 8,1010,000 won from the victim, namely, from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A copy of the G supply contract;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;
1. Reasons for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act (mutual punishment between fraud and fraud, etc. which became final and conclusive on December 10, 2009) [decision of types] Fraudulent means [decision of types] below KRW 100 million] the basic area [the scope of recommendations] [the scope of recommendations] six months to one year and six months [the scope of general person] [the scope of punishment] the serious factors for mitigation [the scope of punishment] applicable provisions of Acts: the statutory punishment under Article 347 of the Criminal Act: one month to ten years [decision of sentence] the principal and the victim.