Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On May 2016, the Defendant would purchase the victim E at “D” page located in Ulsan-gu, Ulsan-gu, at the lower price than KRW 5.8 billion, at KRW 3.4 billion, the Defendant would purchase the victim E at the price below KRW 5.87,00,000,000,000,000.
G, the owner of the above land, is in need of money due to an election campaign.
The phrase “the cost necessary to sell the land” was false.
However, the defendant was thought to use the land as living expenses by receiving money from the injured party, and there was no intention or ability to purchase the land for 3.4 billion won.
Around June 11, 2016, the Defendant: (a) by deceiving the victim as above; and (b) received from the victim the money of KRW 300,000 from the Saemaul Treasury account (H) in the name of the Defendant; and (c) received the money of KRW 5,00,000 from around that time to October 17, 2016 as a total of KRW 9,90,000,000 from around that time.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes on transactions of passbooks;
1. Relevant Article 347(1) of the Criminal Act for the crime at issue of the same kind of crime [the punishment has not been imposed comprehensively] The records of punishment twice including suspended sentence due to the crime at issue of the same type of fraud, or the victim’s wish to punish the victim, etc. In addition, in consideration of various circumstances such as the size of defraudation, reflective attitude, background of the crime and circumstances after the crime, etc. as shown in the records and arguments, the sentencing guidelines shall be set as ordered within the scope of the basic area of the general fraud of the first type