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A defendant shall be punished by imprisonment for not less than eight 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
On February 6, 2014, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Busan District Court on April 3, 2014, and the said judgment became final and conclusive on April 3, 2014.
Around August 2012, the Defendant concluded that “The Defendant would establish a free greenhouse with the exclusive use of mountainous districts and would not engage in a convalescent hospital” to the victim B, who is not a Dongducheon-si (hereinafter referred to as “Stcheon-si”). The Defendant borrowed the construction permit and permission cost and the operating expenses of the Company, which grant a construction license, different from the construction permit and the management expenses of the Company.”
However, even if the victim borrowed money from the victim under the above name as above, it was thought that it would be used as a fund for gathering investors, such as payment of profits to investors in connection with the business of fund-raising without delay, which the defendant had been separately carried out at the time. Although permission for conversion of mountainous district was granted for the purpose of creating a site for access roads, it was not possible to consult with the owner of the access roads, so it did not have the intent or ability to properly carry out the work
Around August 30, 2012, the Defendant: (a) had a victim pay 1,541,080 won as guaranteed premiums for permission for conversion of a mountainous district on behalf of the victim; and (b) received from the victim a total of 37 million won, including KRW 1,541,080,000,000 on September 5, 2012, KRW 15, 200,000 on September 15, 2012, KRW 17,000,000 on September 17, 2012, and KRW 6,000,000 on October 6, 2012, and KRW 200,000,000 on October 8, 2012.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Investigation report (Submission of suspect-written statement of passbook transaction); and
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (related to the preceding paragraph);
1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. The equity in the event that the criminal defendant has been punished simultaneously with the criminal facts stated in the judgment of the reason for sentencing under Article 62(1) of the Criminal Act, and the age, character, conduct and environment of the criminal defendant;