Text
Defendant
A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.
However, this judgment is delivered to Defendant A.
Reasons
Punishment of the crime
Defendant
B On March 19, 2013, the Changwon District Court was sentenced to three years of imprisonment for a crime of fraud, which became final and conclusive on September 12, 2013.
On October 21, 2010, the Defendants made a false statement to the F office located in Changwon-si, Changwon-si E that “The Defendant owned the Defendant, and that the Defendant would purchase the land if the Defendant developed the land through civil engineering work. When investing KRW 100 million in the civil construction cost, the Defendants would pay KRW 130 million in total by 30% of the profits up to February 20, 201.”
However, in fact, the Defendants received the above money to pay the purchase price to I, who is the landowner, and was thought to use the transfer registration cost in the name of the Defendant, and there was no person who would purchase the above land at the time, so even if they were to have invested the civil construction cost from the victim, they did not have the intention or ability to reduce the profit agreed by the civil construction work
As above, the Defendants got 100 million won from the victim as the investment cost for civil engineering works in the same place.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each prosecutor's statement to I and J;
1. The police statement concerning G;
1. A report on investigation (a copy of the judgment shall be attached);
1. Application of Acts and subordinate statutes to data on the day when the Changwon District Court 2013No557 was finalized;
1. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;
1. The latter part of Article 37 of the Criminal Act and Article 39 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62 (1) of the Criminal Act, which is suspended (Defendant A);
1. The following facts are considered: (a) Defendant A is against the nature of the Defendant; (b) the degree of participation in the instant case seems to be relatively weak and deemed to have no benefit acquired from the instant case; (c) the fact that the victim received approximately KRW 13 million dividends at the auction procedure of the instant forest and field, but the fact that the victim received approximately KRW 13 million in the instant forest and field; and (d) the sentencing conditions
2. Defendant B.