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The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
On June 10, 2011, the Defendant was sentenced to two years of suspension of the execution of one year to be embezzlement in order to be punished by embezzlement at the Goyang Branch Branch of the Jung-gu District Court, which became final and conclusive on June 18, 201, and on August 31, 2012, the Defendant was sentenced to five years of imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Goyang Branch of the Jung-gu District District Court on August 31, 2012,
On August 24, 2010, the Defendant presented the victim D’s “Housing Sale Agreement” and “the original copy of the registration information and the notice of completion of registration” under Article 501-803 of the Gangdong-gu Seoul apartment complex E-gu Seoul Metropolitan Government Ordinance of the Ministry of Strategy and Finance (U.S.) and stated that if the Defendant borrowed money to B, the Defendant would have secured the purchaser of the above apartment complex by selling the money to the person who acquired the said apartment after the purchase of the said apartment.”
However, at the time, the above apartment was established on October 8, 200, with a security interest of KRW 420,400,000,000,000,000,000 as well as with a security interest of KRW 65,5,000,00,00, and there was no value of investment. The Defendant was in the state of having a debt equivalent to KRW 3,000,00,00 since the experience center operated in the name of “G” in the name of “G” is not well-grounded, and the Defendant was in the state of having a debt equivalent to KRW 3,000,000,00,000,000,000. Therefore, even if he borrowed money from the victim, he purchased the above apartment and did not have any intention or ability to divide the proceeds
Nevertheless, on August 24, 2010, the Defendant, by deceiving the victim as above, received KRW 9 million from the victim to the Agricultural Cooperative Account under the name of the Defendant (H), and received KRW 11 million from the Defendant’s husband to the National Bank Account under the name of the Defendant’s husband (J), respectively, and received KRW 20 million in total.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. D. D.