beta
Text
Defendant
A Imprisonment with prison labor for each of the crimes set forth in Section A(1) through (4) of its holding, and for each of the crimes set forth in Section 5 of its holding, one year and six months.
Reasons
Punishment of the crime
[2012 Highest 6367] [Defendant A]
1. On April 6, 2011, when the Defendant operated a real estate selling company with the trade name of K Co., Ltd., the Defendant made a false statement to the effect that “A victim M is holding a public telecom with the 6th floor of the so-called Kuwon-gu L Building Model House Office in Suwon-si, Suwon-si, a Sinwon-si, the Defendant would make a separate registration of the sales price.”
However, in fact, in order to register the division as it is impossible to immediately register the division as it falls under quasi-housing, there are complex administrative problems, so the defendant thought that even if he receives the selling price from the victim, it is necessary to solve the administrative problems, and there was no intention or ability to immediately register the division after completion of the building.
On May 30, 201, the Defendant received 20 million won as down payment from the victim, namely, from the victim, as down payment, and acquired 40 million won in total by acquiring 20 million won as part payment.
2. On September 21, 2011, the Defendant made a false statement to the victimO on September 21, 201, stating that “The Defendant is running a new construction business of a residential officetel in the Gyeonggi-si P in the Gyeonggi-si, Gyeonggi-do, the Gyeonggi-si, and that “The Defendant will transfer the profits within three months to two times when investing 60 million won. If the Defendant fails to pay the investment by the agreed date, it would transfer the ownership registration of Qtel 7 books as collateral.”
However, in fact, the Defendant’s company, at the time, did not have sufficient financial resources and required urgent office operation expenses. Therefore, even if it had never been engaged in the business, and even if it received investment funds from the victim, it did not have the intent or ability to reduce investment and profit within three months, and the above “ Qu” officetel also decided to sell in lots by the trust company. Therefore, the Defendant provided it as security and registered ownership.