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Defendant
A shall be punished by imprisonment with prison labor for eight months, and by a fine of two million won.
Defendant
B The above fine shall not be paid.
Reasons
. The confirmation certificate and L’s seal impression certificate are obtained, and that the certificate is not “for cancellation of registration” but “for confirmation”, it was confirmed that if a deposit is paid to the victim by KRW 100 million, the registration will be cancelled.
E. On December 27, 2010, K stated at an investigative agency that, after receiving KRW 100 million out of the amount of secured bonds, K only stated that the balance was a defendant with a certificate of KRW 50 million and L’s seal impression certificate, and that K did not have any talk that it will cancel the provisional registration after receiving only KRW 100 million.
F. L, a person holding a right, such as a security price, established provisional registration to secure it by lending KRW 150 million to the Defendant upon K’s request. Therefore, it is difficult to easily understand the provisional registration of KRW 100 million, and L also stated that L did not have any talking that it would have cancelled the provisional registration after receiving KRW 100 million from the investigative agency.
The reason for sentencing* Defendant A- favorable circumstances: The agreement with the victim H that the injured person does not want the punishment of the defendant, there is no record of punishment for the same criminal record, and there is no record of punishment exceeding the fine, and the trust in the name of real estate is made upon B’s request [the punishment for fraud is not followed by the recommended punishment in consideration of the following circumstances: October to June (in the mitigated area - in the mitigated area or in the case of recovery of considerable damage) or the above circumstances] - Unfavorable normal circumstances: The amount of fraud: The defendant is expressed in doubt as to the crime of fraud by recognizing the whole facts charged by the investigative agency in relation to the crime of fraud and denying it to this court, and thus, is contrary to the authenticity * Defendant B- favorable normal circumstances: the first and the crime of this case; the unfavorable circumstances: the part of acquittal upon the request of the defendant A in the name of the defendant with the intention to avoid compulsory execution, such as seizure of another creditor;
1. The Defendant stated in the facts charged.