A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On September 22, 2011, the Defendant was sentenced to four months of imprisonment for a crime of fraud at the District Court of Jung-gu, which became final and conclusive on November 26 of the same year.

On December 16, 2009, the Defendant has the right to sell the said land with permission from F, the owner of Hongcheon-gun E prior to 1,676m2 in the C office located in Hongcheon-gun, Hongcheon-gun, Gangwon-do on December 16, 2009, the Defendant sold the said land in KRW 90 million.

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However, in fact, although the owner on the certified copy of the above land is F, the above F is not a legitimate successor to the above land, and even if the damaged party received the purchase price from the damaged party and registered the ownership of the above land to transfer, the injured party did not have the intention or ability to make the true owner of the above land.

As such, the Defendant, by deceiving the victim as such, received KRW 90 million from the damaged party as the purchase price.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. Partial statement of the witness F;

1. A protocol concerning the examination of suspect against each part of the defendant by the prosecution;

1. To make a statement of F in the protocol of interrogation of the police officer against the accused (35 times a patrol time);

1. A written statement concerning a sale agreement, a certified copy, a guarantee, an application for issuance of a confirmation letter, a land transaction contract, a purchase price receipt, a sentence of judgment (time 26), an investigation report (attached to data submitted by a complainant);

1. Previous convictions indicated in the judgment: (A) a reply to inquiry, such as criminal history, report on investigation (verification of the same record as a suspect A), text of the judgment (2010 order 3544, 201No. 2003), search of integrated cases, and application of Acts and subordinate statutes concerning the status of personal confinement;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Determination as to the Defendant’s assertion under Article 39(1) of the Criminal Act, provided that the latter part of Article 37 of the Criminal Act provides for concurrent crimes

1. The Defendant asserted that the Defendant sustained the registration injury of KRW 1,676 square meters prior to the Hongcheon-gun E (hereinafter “instant land”) is F but is the original owner.