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A defendant shall be punished by imprisonment for four months.
The request of the applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
In collusion with D on December 14, 2009, in the vicinity of D's residence in Ansan-si, the Defendant contacted the victim C, which the Defendant became aware of in a multi-level company, to visit the victim's residence in the above D's residence. The Defendant, along with D, has a land and a warehouse owned by Ansan-si, Masan-si, Ansan-si, and the Defendant has a plan to abolish the above warehouse and build a new warehouse.
As public officials know well the land, it is expected that the main warehouse will be leased and fireed.
In making a false statement to the effect that “,”, a summary statement was drawn up and drawn up with the content of guaranteeing the above rental and non-lease agreements to the victim.
However, in fact, there was no plan to leave the above land and warehouse to an individual. Thus, even if the defendant received money from the injured party, he did not have the intent or ability to leave the land and warehouse.
The Defendant and D, as above, deceiving the victim as above, received each of the above expenses of KRW 25 million from the victim, around December 14, 2009, and KRW 10 million around the 30th day of the same month from the victim, and acquired 35 million in total.
Summary of Evidence
1. Partial statement of the defendant;
1. The legal statement of the witness C;
1. Partial description in a protocol concerning the examination of suspect of D;
1. Answers;
1. Application of statutes on land registers, building registers, and transaction details;
1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;
1. In light of Article 32(1)1 and Article 26(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders (it is not legitimate as an application for compensation after the closure of pleadings) and methods of deceiving the reasons for sentencing, etc., crimes are deemed inferior.
The defendant denies the crime and did not reflect the wrong.
The damage was not recovered at all.
Pronouncement of sentence is inevitable.
However, only part of the amount acquired by deception was attributed to the defendant.
In addition, the defendant's age, sex, and behavior.