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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On September 1, 2010, the Defendant was sentenced to four months of imprisonment for a violation of road traffic law in the Gwangju District Court's net support on September 1, 201, and completed the execution of the above punishment in the Gwangju District Court on October 10 of the same year.
On May 20, 2012, the Defendant stated that, at the mobile phone agency operated by the victim C, who is a dynamics in B at the same time on May 20, 2012, the Defendant stated that “the fine for fine is fine” was Gohap-gun D, Gohap-gun, the Defendant may recover the principal within six months, and the principal may be recovered at the time of the internal year.”
However, around March 2012, the Defendant purchased the land of KRW 420 million owned by Ha and developed a factory site and carried out the business of selling it in lots, and failed to pay the down payment of KRW 10 million. In addition, even in the case of a re-contract with the above land owner, the Defendant did not have any particular property and did not have the ability to pay the purchase price. Therefore, even if having received the investment from the damaged person, the Defendant did not have any intent or ability to pay the profit by normally engaging in the development project.
Nevertheless, the defendant, as mentioned above, makes a false statement to the victim, and who belongs to the victim, shall do so from the victim.
6.8. He obtained KRW 40 million from the Defendant’s agricultural account to the Defendant’s agricultural bank account and acquired it by fraud.
Summary of Evidence
1. Statement made by the police against C;
1. A copy of bankbook;
1. Each report on investigation;
1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (report on confirmation of repeated crimes);
1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;
1. Article 35 of the Criminal Act for aggravated repeated crimes;