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A person shall be punished by imprisonment with prison labor for not less than five months and by imprisonment for not more than three months for a crime of No. 2 as decided by the court below.
Reasons
Punishment of the crime
1. On August 21, 2015, the Defendant was sentenced to a suspension of the execution of four months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the credit branch of Suwon District Court on August 21, 2015, and the judgment became final and conclusive on the 29th of the same month.
【Criminal Facts】
On October 2014, the Defendant made a false statement to the victim C, stating, “The Defendant would take advantage of the degree of KRW 1 billion by selling trees, and would take advantage of the amount of KRW 30 billion by growing 300 million out trees when investing KRW 30 million to lease forest land,” at the mutual unclaimed real estate intermediary office located in Gyeyang-gun B of Gyeonggi-do. The Defendant would take advantage of the amount of KRW 300 million out of the amount of KRW 300 million, and would take advantage of the profits by cultivating the virtue therein.”
However, in fact, the Defendant had to return KRW 17,50,000,00 for the down payment received after the cancellation of the existing timber contract entered into with D, and even if receiving the investment money from the complainant, he was planned to pay the said money to D even if he received the investment money. Even if he sells the forest and sells the forest, he was planned to settle the said money to E, who is the business operator of the punishment trees, to create alternative afforestation for the above forest, and to consume the cost of personal living expenses. Since there was no particular property owned in the name of the Defendant, and there was no intention or ability to repay the principal as well as the return on investment committed by the victim.
Nevertheless, on October 22, 2014, the Defendant received KRW 20 million from the victim to the deposit account (Account Number:F) in the name of the Defendant.
Accordingly, the defendant was given property by deceiving the victim.
2. The defendant is sentenced to a suspension of the execution of four months of imprisonment for a violation of the Road Traffic Act at the credit branch of Suwon District Court on August 21, 2015, and the judgment becomes final and conclusive on the 29th of the same month.