A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On February 17, 2010, the Defendant was sentenced to one year of imprisonment for fraud, etc. in the Busan District Court's Dong Branch Branch, and the execution of the sentence was terminated on September 26, 2010 at the Busan District Court's Busan District Court's Dong Branch.

On August 22, 2012, the Defendant made a false statement to the victim D, who became aware of the introduction of C around August 22, 2012, that “The purchase price of the land and the survey cost are different to the Plaintiff D who would have the ownership of the Korea Forest Service, Busan District captain E receive a 2,400 square meters of forest land.”

However, the fact is that forest land owned by the Korea Forest Service does not go to the general public, and the defendant did not have the intent or ability to fire the forest land even if he receives the land price and the survey cost from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received 35,200,000 won in total from the victim as land price for survey expenses and other expenses on August 29, 2012 and transferred 31,20,000,000 won to the Agricultural Cooperative Account under the name of the Defendant, under the pretext of land price on September 24, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's protocol of examination of the accused and C (including D statements);

1. The prosecutor's statement concerning G;

1. Statement made to D by the police;

1. Complaint;

1. A copy of a passbook receipt and a deposit certificate without passbook; and

1. A copy of account transactions;

1. A report on investigation (Attachment, etc. of photographs);

1. Previous records: Application of criminal records, investigation reports (the confirmation report on the date of release from the court and report attached to the judgment);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. It is so decided as per Disposition by comprehensively taking into account the factors favorable to the defendant, including the fact that the defendant has repeatedly committed the instant crime during the period of repeated crime even though he/she was sentenced to a punishment for the same kind of crime under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act, and that considerable amount has been deposited in order to recover damage to the victim, etc.