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A defendant shall be punished by imprisonment for four months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On May 10, 2016, the Defendant was sentenced to imprisonment with prison labor for one year and two months at the Suwon District Court for fraud, and the judgment became final and conclusive on May 18, 2016.
【Criminal Facts】
On September 14, 2013, the Defendant made a false statement to the victim D to sell KRW 48,150,000, in total, KRW 107,000, in the office of the Defendant’s operation in Young-gu, Suwon-si, Suwon-si, Suwon-do, to the victim D, for a total of KRW 48,50,00,00 per square meter, at the office of the Defendant’s operation in Suwon-si, Suwon-si, Suwon-do, Suwon-do, and the Defendant made a false statement to the effect that “The Defendant will complete the paid-in prop work, if the payment is made, and complete registration by March 2
However, the defendant was not the owner of the above forest land, and there was no intention or ability to complete the registration of ownership transfer for the above land even if he received the purchase price from the victim due to the lack of the fact that he was delegated
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 5,00,000 from the victim to the bank account in the name of Korea Co., Ltd. (C) around September 14, 2013, and received a total of KRW 42,00,000,000 from September 16, 2013, and KRW 47,00,000.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A detailed statement of entry and withdrawal, and a land sales contract;
1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Although Article 62(1) of the Criminal Act does not include the amount of the reason for the fraud of the sentencing under Article 62(1) of the suspended sentence, the following shall be taken into consideration as favorable circumstances to the defendant: (a) the fact that the defendant is against the mistake; (b) the amount of damage is fully repaid; and (c) the agreement is reached smoothly with the victim; and (d) the balance between the judgment and the case of concurrent crimes under the latter part of Article 37 of the Criminal Act is determined at the same time; and (b) the age, occupation, character