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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 8, 2014, the Defendant was sentenced to imprisonment with prison labor for one year for fraud in the Daegu District Court's Ansan-dong branch, and the judgment was finalized on August 19, 2014.
On March 23, 2012, the Defendant made a false statement to the effect that “When purchasing KRW 462 square meters (140 square meters) out of KRW 126,80,000 in a division of KRW 126,00,00,00 among the 1,016 square meters (335 square meters) in Jeonbuk-si Kim-si, Seoul Special Metropolitan City, a land purchased from a company, the Defendant, via its employees, would transfer the land value to KRW 300,000,000 after one year, and if waiting for three months, the Defendant would transfer the division procedure.”
However, at the time, the Defendant sold the above land to the victim under the circumstance that the Defendant did not have ownership because it was unable to pay the balance to the original owner with respect to the above real estate that the Defendant intended to sell to the victim, and did not have the ability to mobilization funds other than the purchase price paid by the victim, and the Plaintiff was unable to transfer the above real estate to the victim’s registration unless he purchased the above real estate with the money received from the victim, and even if he received money from the victim because it was difficult to use the money from the victim as wages, etc. of employees, so there was no intention or ability to complete the
Ultimately, the Defendant, as such, by deceiving the victim as such, received KRW 126,224,00 in total from the victim as the purchase price for the land on March 23, 2012 and KRW 116,224,00 in total, as the purchase price for the land from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol concerning the examination of suspect concerning F by the prosecution;
1. Statement of D police statement;
1. A land sales contract, deposit slip, or a certified copy of real estate register;
1. Previous convictions in judgment: Application of investigative reports (Attachment to a suspect A's judgment of like court records, etc.);
1. Article 347 of the Criminal Act of this Act concerning criminal facts.