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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[criminal records] On May 23, 2013, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Busan District Court, and the execution of the sentence was terminated on November 7, 2013 at the Busan Correctional Institution.
[2] The Defendant, who is the owner of C, was aware of the fact that the Defendant, acting as a broker for the “Fel” in Busan Shipping Daegu D and E (hereinafter “Gel” as stated in the contract, hereinafter “Furur”) and “Iurel” located in the Gangseo-gu Busan Metropolitan City, thereby deceiving the buyer as if he were to receive the loans that he promised to complete, and acquiring the down payment, etc.
1. On March 7, 2016, the Defendant committed a crime against the Victim J would sell the Fel to the Victim J in the “L Real Estate” located in Jung-gu, Busan, Jung-gu, for KRW 3.62 billion.
The bank made a false statement that it is possible to lend 3.1 billion won to the bank as security, and there is a person who gives 70 million won and takes 700 million won. Therefore, the down payment of 50 million won is first deposited.
However, in fact, since the right to claim 2.76 billion won on August 29, 2013 and the right to collateral security was established with the maximum amount of KRW 130 million on August 7, 2015, it was impossible for the bank to additionally grant KRW 3.1 billion loans from the bank as security. The defendant did not know about the loans from the bank against the above her mother, and he did not have any intention or ability to return them even if he did not receive the down payment from the damaged person.
The Defendant was transferred KRW 10 million to the national bank account in the name of M as designated by the Defendant on the same day from the victim who was in the end of the foregoing false statement, and KRW 40 million to the national bank account in N on March 10, 2016, respectively.
Accordingly, the defendant deceivings the victim, thereby deceiving 50 million won in total from the victim.
2. The Defendant committed a crime against the victimO at a coffee shop where the trade name in Busan Jung-gu cannot be known around March 15, 2016.