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Defendant
All appeals by prosecutors are dismissed.
Reasons
The court below sentenced the defendant to 1 year and 4 months of imprisonment, 2 years of suspended execution, and 120 hours of community service.
The defendant asserts that the above-mentioned sentence is too unfasible, so the prosecutor is too unfased and unfair.
Judgment
① The Defendant, without the ability or intent to cancel security, sold part of the land to the victim O or P, who is the husband and wife, and acquired the pecuniary profit equivalent to KRW 158 million as the purchase price, and acquired the pecuniary profit equivalent to KRW 158 million as the purchase price. ② The Defendant already sold the land to the victim T or U, and acquired the above O or P by deceiving KRW 82,550,000 as the purchase price.
③ In addition, when auction proceedings have been conducted for the entire land including the double sold land portion to the above victims and other part of the land, repayment will be made upon withdrawal of auction.
Degnating the victim's O, P, 2721 million won, 2,299 million won from the victim T, U, and Y from the victim who purchased another land, 2,768 million won, and 2.68 million won from the victim's Z, and 2.6 million won from the victim's Z, by deceiving the financial profits equivalent to 8,048 million won.
The criminal law is inadequate, six victims, and the amount of fraud is 32,103 million won in total.
Even in 2005, the defendant has been sentenced to six months of imprisonment by deceiving money as land purchase price (Evidence No. 255-258 of the record of evidence). In addition, the defendant has been sentenced to imprisonment (Evidence No. 2002), suspension of the execution of imprisonment (No. 1994, 199-515 of the record of evidence), etc. (Evidence No. 514-515 of the Act on Special Measures for Registration of Real Estate in 1997). On the other hand, even though the court below denied the criminal intention of defraudation even though the defendant denies the criminal intention of defraudation, he/she is led to the confession and the mistake in the trial (Evidence No. 43 of the record of the trial record No. 43, the first trial record of the trial).Na.
In fact, the victim of the public prosecution is delegated with the procedure of accusation, representation and agreement by the V, which is the fraud of the U.S. or T's husband interest.