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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[Criminal Power] On September 26, 2019, the Defendant was sentenced to six months of imprisonment for a crime of fraud at the Ulsan District Court, which became final and conclusive on December 28, 2019.
The prosecutor written indictment states in the indictment that the crime of this case constitutes a crime subject to the second final judgment and a crime subject to the latter part of Article 37 of the Criminal Act on the grounds of “the defendant was sentenced to three years of imprisonment for fraud at the Busan District Court on August 20, 2019 and the said judgment became final and conclusive on the 28th day of the same month” (hereinafter “the second final judgment”). However, the defendant was sentenced on January 21, 2016 to two years of suspended execution on July 14, 2016 at the Busan District Court for a crime of violation of the Act on the Control of Narcotics, etc. (hereinafter “the first final judgment”), and the crime of this case was committed on March 15, 2018 after the first final judgment, and the crime subject to the second final judgment became final and conclusive on the 1st day before the final judgment becomes final and conclusive (see, e.g., the Busan District Court Decision 2018No36901-190, Feb. 19, 2019).
(see, e.g., Supreme Court Decision 2014Do469, Mar. 27, 2014). However, the instant crime is in the relationship between the previous crime and the latter concurrent crime under Article 37 of the Criminal Act.
【Criminal Facts】
On March 15, 2018, the Defendant made a false statement to the victim B by telephone at an irregular place, stating, “If the removal construction deposit is KRW 500 million but it is possible to claim money by March 16, 2018, the Defendant would allow the removal construction work to be conducted at KRW 200 million, and then divide the proceeds therefrom into 50%, and return this deposit after three months.”
However, the Defendant did not have an exclusive authority over the removal of the C Redevelopment area.