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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
Highest part 2012 highest part 2065
1. On October 2010, the Defendant tried to purchase an apartment building site and building on which construction works on the site and its ground were suspended from the Masan-si and 16 lots, but failed to secure the required funds, the Defendant had already acquired the apartment business right, and had completed the construction of the apartment, with the intention of raising funds by making it possible to grant the right to sell the apartment as if it had already been acquired the right to sell the apartment.
Accordingly, on November 25, 2010, the Defendant moved the victim E into Asan City D and presented the apartment construction site, and then, the Defendant moved the apartment to the Busan-dong coffee shop in Busan-dong, Busan-gu to the victim “after one month, the apartment is already acquired and the construction is carried out. When paying KRW 300 million, the sales agency will be held. When the apartment is completed, the disabled foundation will have a right to sell the whole part of the apartment. Accordingly, there may remain more than KRW 3 billion, and there is a person who would request the right to sell the apartment as soon as possible.”
However, the Defendant did not acquire the ownership of the apartment site and building, and the owner of the apartment house was scheduled to proceed with the public auction, so even if the Defendant participated in the public auction, it is unclear whether the highest possible to select the purchaser even if he participated in the public auction, and even if the Defendant was the highest purchaser, it was unclear whether the Defendant would be able to pay the purchase price normally due to the transfer of the funds he owns, and even if the Defendant was selected as the purchaser, it was not clear that the Defendant would be able to pay the purchase price normally. In the event of receiving the business funds from the financial right and completing the construction project, the Defendant
As such, the Defendant, by deceiving the victim and deceiving him as such, has a total of KRW 150 million, including KRW 150 million on November 25, 2010 and KRW 50 million on December 6, 2010, under the pretext of the right to sell in lots by proxy from the victim.