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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Records] The Defendant was sentenced to imprisonment with prison labor for fraud at the Seoul Central District Court on May 15, 2015, for one year and two months of suspended execution, and two years of suspended execution.
7. 17. A person for whom that judgment has become final and conclusive.
[2] On October 15, 2014, the Defendant: (a) purchased seven-story buildings in the city-type residential housing unit in which the Defendant was operated by the Defendant in Gangnam-gu Seoul, Seoul; and (b) made a false statement to the effect that “The Victim D wishes to sell 105 households by means of remodeling construction after purchasing seven-story buildings in the city-type residential housing in Osan City, Osan-si; (c) selling 4 households among them to the Party at KRW 160 million per household; and (d) completing the registration of ownership transfer in the name of a person designated by the Party or by the Party, by February 15, 2012.”
However, on April 18, 201, the Defendant entered into a contract with the owner of the building on the 7th floor above, and the owner of the building on the 4,5,6,7, and 101 above, among the above buildings, to purchase the purchase price of KRW 3 billion ( KRW 300 million, an intermediate payment of KRW 226,200 million, an intermediate payment of KRW 450 million, and a balance of KRW 450,000,00). However, on October 201, the Defendant did not have any special property or income, while the Defendant did not have any intent or ability to complete remodeling construction by properly paying the purchase price or the construction price, and did not have any intention or ability to register the transfer of ownership to the 4th household, considering the Defendant’s property status, such as the obligation to borrow KRW 100,000,000,000,000 to the majority of creditors.
Nevertheless, on October 17, 201, the Defendant paid KRW 160 million to the national bank account in the name of the above FF representative director I on October 17, 201 from the victim who was in the above false statement.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the witness D in the third public trial records;
1. 4 times;