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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On March 2013, the Defendant heard a lawsuit that the owner E, the owner of Da 2016, U.S. Da 2016, U.S., U.S., U.S., U.D., sold the said 2016 at a lower price than the first sale price, purchased it first, and sold it to others at a higher price, and sold it to acquire the difference.
The Defendant around March 2013, 2013, at the 308 modern department store restaurant located in the Cheongju-si, Cheongju-si, Cheongju-si, the Defendant guarantees the Victim F for 4% of the selling price if the original selling price of this commercial building is 100 million, and the Defendant owns it for 5 years.
This profit will be guaranteed.
In 2016, 33,00,000 won, which was lower than the trading price, was false statement to the effect that this price would purchase the above real estate.
However, in fact, the above D shopping mall was in a state of not guaranteeing profits because it was not a good business after the sale, and there was a continuous decline in the market price, making it difficult to trade it. The above 2016, E decided to sell at KRW 8 million, and thus, the actual purchase price was not KRW 33 million.
On April 5, 2013, the Defendant received KRW 33 million from the injured party as the sales price.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Application of Acts and subordinate statutes on filing of a complaint, certified copy of register, details of transactions of passbooks, D shop sales contract, and real estate sales contract;
1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;
1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] general fraud (less than KRW 100 million) and the basic area (from June to one year and six months) (the person who is subject to special sentencing) of the sentencing criteria;
2. The decision of sentencing shows the appearance that the defendant led to the confession of the crime, and it is found that the defendant had no criminal record for the same kind, but has intention to do so to the victim.