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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
On December 27, 2012, the Defendant was sentenced to a violation of the Punishment of Violences, etc. Act (damage, etc. to a group of deadly weapons), attack, fraud, coercion, interference with business, six months of imprisonment, violation of the Punishment of Violences, etc. Act (Assaults such as group deadly weapons), coercion, intimidation, damage to property, and assault, and on September 18, 2013, the Defendant completed the execution of the sentence on September 18, 2013.
피고인은 2015년 1 월경의 어느 날 울산 북구 B에 있는 공사현장 식당( 함 바, はんば, 飯場, 피해자 C 운영 )에서 피해자에게 “ 아파트 시공사인 D에서 김해시 장유에 2,000 세대 아파트 단지, 경북 칠곡군 칠 곡은 대구에 있지 않고 경북에 있다.
The apartment complex of 960 households (hereinafter referred to as the "fluorite apartment complex") is scheduled to be located in each area. The apartment complex of 960 households (hereinafter referred to as the "fluorite apartment complex") has the right to operate the restaurant at the construction site of the new apartment complex.
60,000,000 won which is paid by the Party shall exceed the right to operate the restaurant at the construction site of the new apartment complex of the 1st century in the face of the Party.
“ ................”
However, the defendant did not have the intent or ability to allow the victim to operate the restaurant at the construction site of the new apartment complex.
The Defendant received from the injured party about February 6, 2015 a total of KRW 60 million from the time to April 24, 2015, in total, eight times, as indicated in the list of crimes, in the same name, a total of KRW 60 million was transferred from around that time to around February 24, 2015, for the acquisition of the right to operate a restaurant at the construction site of a new apartment complex.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement protocol with respect to C, E, and F;
1. A petition, a text message conversation printed out, details of various transactions, and investigation reports (netly 15);
1. Previouss before ruling: inquiries about criminal history, investigation reports (netly 23), text of judgment;