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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
On June 2015, the Defendant was engaged in the sales agency business of C(P) as the owner of the petition-gu B hotel in Cheongju-si.
Around August 23, 2015, the Defendant: (a) in the Songpa-gu Seoul Metropolitan Government D hotel sales office, the Defendant sold the proceeds to the victim at least KRW 30 million, and (b) the sales price is KRW 161,143,00 per guest room; (c) the five total sales price of the guest room is KRW 805,715,00,000, but first, if the sales contract is concluded by paying the sum of the first down payment of KRW 50,000,000,000 to the guest room, it is possible to resell the sales profit after the first intermediate payment; (d) the Defendant would resell the sales right until September 2016; (e) at least KRW 30,000,000 for each guest room; (e) the resale price is allocated to 5:5; and (e) how the victim would acquire the proceeds directly within the period of 25:00,000 if the victim would know that the purchaser would buy the proceeds.”
8. 23. The contract for the sale in lots with the victim E for five guest rooms of the above hotel was concluded and the sum of KRW 50 million was paid as the first down payment.
However, the above hotel had little possibility of selling investment profits, and it was not possible to resell within the period of promise, and if the hotel could not resell within the period of promise, the defendant did not directly accept the sales contract and did not have the intention or ability to return the 50 million won to the victim.
Nevertheless, the defendant promising the victim to resell the guest room and pay the proceeds from the resale within the time limit by raising the performance of the sale in lots and acquiring the sales commission accordingly, and further, the time when the resale should not be conducted directly by the defendant was false, and it was concluded with the victim and received money as the first down payment.