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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
On August 28, 2014, the Defendant was sentenced to a suspended sentence of four months of imprisonment for fraud at the Seoul Central District Court, which became final and conclusive on September 5, 2014.
Criminal facts
The defendant is the representative director of corporation D with the purpose of real estate development and sales agency business.
On May 9, 2014, the Defendant is expected to be selected as an executor of the Jongno-gu Seoul Metropolitan Government H District reconstruction project at the F Joint Law Office located in Jung-gu Seoul Special Metropolitan City, Jung-gu, and the victim G.
If 700 million won is invested, 20% of the shares of the reconstruction project implementation corporation will be transferred, and the removal and the acceptance of civil works will be made.
Until November 30, 2014, if a reconstruction project is not implemented by November 30, 2014, the interest calculated at 6% per annum will be refunded.
“A false representation was made.”
However, the defendant's company did not have been selected as the implementer of the reconstruction project or considered as the hydroelectric company, and the defendant did not have the intent or ability to transfer the rebuilding project shares to the victim or to allow the owner of the reconstruction project to receive the payment from the victim because he/she thought that he/she would use the money from the victim as the agreed amount of other fraudulent cases, debt repayment funds,
The defendant has received from the damaged person the remittance of KRW 50 million under the name of one bank account in the name of the defendant on the same day, and the same year.
5. Around 12. At the same time, a total of KRW 400 million was received from the remittance of KRW 350 million to the same account.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness G;
1. Investigation report (Submission of Suspect Data), investigation report (the call of the person in charge of urban development and the person in charge of the Gu office), investigation report (the phone investigation by the deputy head of the I company of the I), each investigation report (the phone investigation by the deputy head of the J company of the I company of the I), each investigation report (the phone investigation by the suspect A, No. 26, 33 of the evidence list), investigation report (the phone investigation by the team leader of the
1. A copy of the investigation report (a decision of non-prosecution) and the decision of non-prosecution;