Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
[Criminal Power] On May 3, 2019, the Defendant was sentenced to one year of imprisonment for a crime of fraud in the Chungcheong District Court Assistance, and the judgment became final and conclusive on the 11th of the same month.
【Criminal Facts】
From October 4, 2017, the Defendant, “C” located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and “C” made the victim D to acquire ownership of 800 square meters of forests and fields, including the site of the building, which is the State-owned land, the State-owned land. In this context, the Defendant made it well known of the State-owned property manager of Daejeon View-si and Bo View-si, and made it possible to conduct a survey and obtain ownership at around February 2018, on the face of money. On December 4, 2017, the Defendant made a false statement to the victim D as follows: “In the residence of the victim in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si; “The Daejeon viewing and Bo View-si employees are working for, and thus, it is necessary to pay KRW 14 million with the starting money, such as working expenses.”
However, in fact, the Defendant did not have a public official in Daejeon Viewing and Viewing, and in fact, it was impossible to sell the State-owned land of this case to the owner, so there was no intent and ability to acquire the ownership of the State-owned land in return for money from the victim.
The Defendant, by deceiving the victim as above, received KRW 14 million from the victim to the Agricultural Cooperative (G) account in the name of F on December 4, 2017, KRW 24 million from the same account around the May of the same month, KRW 20 million from the same account around the 18th day of the same month, and KRW 15 million from the same account around January 25, 2018, respectively.
Accordingly, the defendant acquired a total of KRW 73 million from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Details of deposit transactions;
1. Criminal records: Criminal records, reply reports (A), investigation reports (in the last two times of the same kind of records), - Application of two Acts and subordinate statutes in duplicate of judgment;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Confession of the reason for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act, the circumstances leading to the crime.