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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On June 4, 2013, the Defendant issued a false statement to the victim E on June 4, 2013, stating that “The land of Pyeongtaek-si located in Pyeongtaek-si due to the development of the internationalization planned district of Pyeongtaek-si was expropriated in the Korea Land Housing Corporation, and was entitled to the right to sell the housing site of migrants as compensation, and the transfer of the land was changed to KRW 70 million.”
However, in fact, on March 10, 2008, the Defendant already transferred the right to sell the said migrants’s housing site to G in KRW 100 million, and even if he received money from the injured party, he was thought to be appropriated for the living cost, and the said G was unable to return the said KRW 100 million to the said G and arbitrarily cancel the contract. Therefore, there was no intention or ability to transfer the said right properly.
The Defendant received 70 million won from the injured party around that time.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Application of Acts and subordinate statutes on police statements made to E and G;
1. Determination on the application of the sentencing guidelines of Article 347 (1) of the Criminal Act of the relevant Article of the Criminal Act for the crime: The scope of recommended sentencing guidelines of the applicable OO: Consideration of all the circumstances, including the fact that the defendant deposited KRW 20,000 won but still deposited KRW 50,000,000,000 won, was based on the basic area (from June to January 6) of type 1 of the general fraud (less than KRW 100,000).