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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On December 30, 2014, the Defendant was sentenced to a suspended sentence of one year for fraud at the Cheongju District Court, and the said judgment became final and conclusive on January 7, 2015.
The Defendant, from around October 1982 to around December 2012, to a person in charge of the duties, etc. related to the payment of compensation at the Korea Land Corporation’s office located in C around October 6, 2008, to a victim E who was aware of in connection with the payment of compensation at the office of the Korea Land Corporation D branch office located in C around October 6, 2008, would be entitled to KRW 590 million, but if the Defendant invested KRW 50 million, he would pay the principal and profits until December 2008.
“Falsely speaking, the Defendant displayed the sales contract of “F 702” concluded as of July 1, 2008 between G Co., Ltd. and other canal wells, Inc. (hereinafter “CS AWD”), a private party, carrying out the construction of a canal wells.
However, in fact, even if the Defendant received money from the injured party as investment money, he/she thought that he/she would immediately use the money as personal debt repayment, etc., and the Defendant did not comply with the terms and conditions of the early September 2008, and notified the cancellation of the above sales contract to SPD and it was unclear whether to proceed with the sales business or not. Thus, even if he/she received the money from the injured party, he/she did not have any intent or ability to return the principal and profits until the end of December 2008.
Accordingly, the Defendant, as seen above, by deceiving the victim as above, was given KRW 50 million to the victim under the name of the same day of investment.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement of witness E in the second public trial protocol;
1. Statement made by the witness H in the third public trial records;
1. On December 26, 2014, the part concerning the E-statement in the suspect interrogation protocol of the police officer regarding the defendant
1. Copy of the statement made by the prosecution to E;
1. Each police statement made to E and H:
1. A copy of a certificate of contents, notification of termination of a contract, and claim for penalty (one right to record evidence, 95, 96 pages);
1. A copy of the reply (Evidence No. 1, 106 pages).