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A defendant shall be punished by imprisonment with prison labor for four months.
except that 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
The defendant, while Ansan-si around March 16, 2009, knew that at the time, the victim C sold six parcels, such as Go Chang-gun, Go Chang-gun, Go Chang-gun, and considered it as a matter of payment of capital gains tax, the defendant made a false statement to the victim that "It is possible to reduce capital gains tax at the request of the person who wants to do so, so that the cost of KRW 10 million is changed."
However, even if the defendant received money from the victim, he did not have the intention or ability to reduce the transfer income tax according to the victim's promise.
The Defendant received KRW 10 million from the victim to the E bank account (Account NumberF) in the name of the Defendant on the same day.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. A complaint;
1. Notarial deeds;
1. Application of Acts and subordinate statutes on lists of Transactions by Account;
1. Article 347 (1) of the Criminal Act applicable to the crimes;
1. The reason for sentencing under Article 62(1) of the Criminal Act is against the defendant, and the victim does not want the defendant's punishment by mutual consent with the victim, and the defendant's age, character and conduct, environment, circumstances, the circumstances, means and result of this case, etc. shall be determined as ordered by taking into account all of the sentencing conditions as shown in the pleadings of this case such as the defendant'