Text
A defendant shall be punished by imprisonment for not less than eight months.
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
[criminal power] On February 15, 2013, the Defendant was sentenced to three years of suspension of the execution of imprisonment with labor for fraud at the Incheon District Court on February 15, 2013 and the judgment became final and conclusive on October 18, 2013.
【Criminal Facts】
The Defendant, along with F (Death on April 23, 2013), is a person running a redevelopment complex development project for land purchase (hereinafter referred to as “redevelopment project for the Nam-gu Incheon Metropolitan City H main complex”) on the parcel outside of 11, Nam-gu G in Incheon.
On September 209, the Defendant and F, located in the Jeju Construction Office located in the second floor in the Nam-gu Incheon Metropolitan City, Seoul Metropolitan City, 977-92, the Defendant and F, stated that “The victim I made a Si event and the land purchase services contract with respect to the development project of the Nam-gu H main complex, and secured 90% of the construction site from the props. It is necessary to cover KRW 100 million of the cost to be paid to the landowner. It is necessary to enter into a removal construction contract with the loans, and the borrowed money is to be repaid from the service payment to be received from the end of October 2009.”
However, even though the Defendant had been implementing the redevelopment project for the above H H main complex for a period of time with F and several years, there was no particular property or funds, and did not proceed with the project without any specific land purchase, and did not properly prepare basic parts for the project approval application such as the selection of a land purchaser, etc., the Defendant received money as soon as possible as possible after redevelopment of the above redevelopment project site was conducted for the redevelopment project.
As a result, the Defendant and F have been transferred from the victim the amount of KRW 50 million on September 18, 2009 and KRW 30 million on the same name as the promotion cost for the subcontracted work.
Accordingly, the defendant was given property by deceiving the victim in collusion with F.
Summary of Evidence
1. Court statement of the defendant (the second trial date);
1. A suspect interrogation protocol of the accused by the prosecution (including I statements);
1. Statement of the police officer with I