사기
A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall pay 94,00,000 won to the applicant for compensation by deceit.
(e).
Punishment of the crime
[2012 Godan1578] On December 18, 2009, the Defendant was sentenced to imprisonment with prison labor for ten months at the Seoul Northern District Court (Seoul Northern District Court) for fraud, and the judgment was finalized on December 26, 2009.
On October 2009, the Defendant became aware of the victim E (n, 44 years old) who was found in order to purchase the above commercial building around October 2009 while working in the Da branch office of Seongbuk-gu, Sungnam-si.
On October 30, 2009, the Defendant received 20 million won as the Defendant’s recommendation from the Songnam Agricultural Cooperative located in Sungnam-gu, Sungnam-gu, Busan Metropolitan City, from the Defendant, the down payment of 20 million won, and the Defendant purchased the F apartment 104 Dong102, Suwon-si, Suwon-si, the Defendant “the prospective purchaser is waiting for the purchase of the F apartment at a high price.” In other words, the Defendant received one million won from the victim under the pretext of repair expenses.
However, at the time, the defendant had no intention or ability to resell the above F apartment at a high price for the victim.
In addition, from that time until April 5, 2010, the Defendant deceivings the victim as shown in the attached Table 1, and acquired a total of KRW 223,80,000 through 16 times from the victim.
[2012 Highest 1631] The Defendant served from April 201 to October 201 of the same year as the sales team leader at the "G apartment unit" office in Suwon-si.
On October 26, 2011, at the above sales agency office around 15:00, the Defendant issued a copy of the check of KRW 170 million from the victim to the victim H (WW) who is the prospective occupant of the above apartment building 103 Dong 703, 703, and 28 years old.
However, at the time, the defendant received KRW 170 million from the victim as part payment, and did not deposit it in I Construction, and was thought to be used for the purpose of personal debt repayment.
Accordingly, the defendant deceivings the victim, thereby deceiving 170 million won.