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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
On July 6, 2007, the defendant was sentenced to a suspended sentence of ten months for the violation of the Attorney-at-Law Act at the Suwon District Court, which was sentenced to a suspended sentence of two years on July 26, 2008.
On January 2006, the Defendant stated to the victim D that "it would be entitled to sell the apartment at a place where it is not possible to know the place of the police officer in the middle of 2006, the Defendant would be entitled to sell the apartment if it pays KRW 150,00,000."
However, in fact, the defendant was thought to use the money that he received from the victim for his personal purpose, such as repayment of debt, and did not have the right to sell apartment units to the victim, so even if he received money from the victim, he did not have the intention or ability to sell apartment units.
On January 19, 2006, the Defendant received 140,580,000 won from the victim D to the national bank account in the name of E Co., Ltd.
From August 24, 2005 to April 16, 2007, the Defendant and the Defendant were issued KRW 427,310,000,00 in total from the victim D, F, and G for seven occasions as shown in the crime list of annexed crimes (However, the date and time of crime No. 5 “No. 5, Apr. 26, 2007” was “ around April 16, 2007.”
Accordingly, the defendant was provided property by deceiving the victims.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness D and H;
1. Each statement of witness F, G and I in the third protocol of the trial;
1. Each police statement concerning D, H, F, I, and G;
1. Statement of deposit transactions (No. 9, 10 pages of the evidence), copy of passbook (No. 6,8 of the evidence records), details of transactions (No. 4ter 7, 9 of the evidence records), statement of transactions (No. 46, 47 of the evidence records), statement of request for transaction (No. 5 of the evidence records No. 46, 47 of the evidence records), printed copy (No. 8 of the evidence records), statement of transactions (No. 9, 10 of the evidence records);
1. Before the ruling: Criminal records and investigation reports [Attachment 207 Gowon District Court Decision 2007Ma433] apply to statutes.