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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
[criminal records] On September 16, 2015, the Defendant was sentenced to imprisonment for six months with prison labor for fraud at the Suwon Giwon, and was sentenced to imprisonment with prison labor for two years, and the above judgment became final and conclusive on April 22, 2016.
[Criminal facts] The Defendant was a person who was the representative of C in Seocho-gu Seoul Metropolitan Government for the business of leasing real estate.
On October 5, 2015, the Defendant issued a false statement to the victim D that “The sales price of the office of the “F in front of the wife population E” officetel G would be KRW 98,00,000 or KRW 60,000,000,000,000,000,000, in the vicinity of the branch of Seongbuk-si, Sungnam-si.”
However, in fact, the company entrusted with the above officetel is required to deposit the entire sales price to H, but the victim could have the above officetel transferred. However, the defendant did not deposit most of the sales price received from the injured party after the discount of the above officetel due to the financial shortage at the time, but did not have any intent or ability to deposit the sales price.
The Defendant received 9.8 million won from the injured party to the H account Co., Ltd. on the same day, and transferred 18 million won to C Co., Ltd. on October 6 of the same year, and acquired 32.2 million won in total from C Co., Ltd. to 32.2 million won.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of a suspect of the police officer regarding I;
1. Statement made by the police against D;
1. A certified copy of a corporate registry, a business registration certificate, an agreement on the resale of the Fund, a business registration certificate, an officetel supply contract, a certificate, content certification, notification, request for cancellation of a supply contract, a certificate of request for cancellation of a supply contract, a certificate of waiver of rights and obligations, a copy of a passbook of savings deposit, a transcript, a record of recording,
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and application of each written judgment;
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. To treat concurrent crimes;