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A defendant shall be punished by imprisonment for one year.
However, 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 was sentenced to six months of imprisonment for the crime of breach of trust and one year of suspended execution on August 10, 201 in the support for the development of the Sugwon method, and on June 30, 201, the above judgment became final and conclusive on July 7, 2015, and on September 10, 2015, the Defendant was sentenced to two years of suspended execution to eight months of imprisonment for the crime of fraud at the Jung-gu District Court on July 7, 2015.
【On June 1, 2008, the Defendant, at the G Office of G Co., Ltd. (hereinafter “instant land”) operated by the Defendant in Gyeonggi-gu, Gyeonggi-do, concluded that “When he purchases in KRW 208,003,50 the Defendant’s KRW 1 (hereinafter “instant land”) from the victim H, he/she would be responsible for and complete construction of sewage pipes, excellent pipes, road packages, etc. until June 30, 2009, he/she would pay late compensation at the rate of 12% per annum at the site of construction.”
However, at the time of fact, some land was ordered to suspend construction, and even if it was not permitted to engage in development activities on July 2007 to August 8, 2007, the purchaser of the instant land was not able to cause the infrastructure construction work. Since the financial situation is unstable to the extent that the remaining payment of the land is not possible, there was no intention or ability to complete the construction by the date of the promise made by the above victim, or to pay damages for delay when the construction is delayed.
As such, the Defendant, by deceiving the victim, issued KRW 5 million from the victim under the same day as the down payment to the victim, and received KRW 57,401,050 as a passbook in the name of G operated by the Defendant on June 2, 2008, and KRW 145,602,450 as the intermediate payment on June 30, 2008, and KRW 203,003,50 as the remainder payment on June 30, 2008.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with H;
1. A contract for sale of real estate and a certificate of registration;
1. A copy of the publicity leaflet of the J building;
1. On-site photographs submitted by the person under consideration;
1. A copy of the transaction of passbook;
1. A complaint;
1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment to the previous rulings, etc.);
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;