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Defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
1. Fraudulent crime against the victim B;
A. On April 20, 2018, the Defendant, at the office of “D Licensed Real Estate Agent” located in Geumsan-gun, Geumsan-gun, the Defendant concluded that “D Licensed Real Estate Agent” with the victim B auctioned KRW 24 square meters in E, and KRW 80 million. The auctioned real estate may purchase a price much higher than the market price and obtain a large difference. Furthermore, the Defendant, even though investing KRW 45 million, may obtain a benefit of KRW 1500-20 million if he/she invests in the amount of KRW 45 million.”
However, there was an auction real estate that the Defendant could purchase under such conditions.
It was not intended to purchase such real estate, and there was no intention or ability to return the investment money received even if it was impossible to purchase or purchase the real estate in accordance with the actual agreement because it was necessary to settle the previous debt with pressure due to the cumulative debt of the lending company at the time.
On April 26, 2018, the Defendant, by deceiving the victim as such, received 45 million won from the Defendant’s agricultural bank account, and acquired the victim’s property by fraud.
B. On May 13, 2018, the Defendant, at the office described in the foregoing paragraph (a) around May 13, 2018, stated that “The G detached Housing in Geumsan-gun has been put into an auction. The housing purchase cost is a total of KRW 200 million, and the remainder will be put in if he (victim) added a total of KRW 150 million. Resale would have left the benefit amount of at least KRW 1500-20 million. Moreover, the Defendant may purchase at a price lower than the market price at a price at a price lower than the market price in a way other than a successful bid because he/she is well aware of the staff in charge of the financial institution.”
However, there was an auction real estate that the Defendant could purchase under such conditions.
It was not intended to purchase such real estate, but at the time the lending company's obligations and personal obligations.