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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
The defendant is the actual operator of B, a corporation established for the purpose of real estate sales business.
1. On February 12, 2020, the Defendant recommended the victim E to purchase 69/40 of the FF’s share in the said company’s office located in Daegu-gu, Daegu-gu through D, a regular manager of the said company, and stated to the effect that “this land may be purchased and constructed if it is purchased, and investment value is high, and if a sales contract is concluded, the registration of transfer shall be made within one month.”
However, even if the above land was owned by another person, and the financial situation of the above company was not good at the time, the defendant could not purchase it within one month and make the transfer registration to the victim, and the above land could not be constructed as so-called blind land.
Nevertheless, the Defendant made the victim enter into a contract to purchase the above shares, and received from the victim a transfer of KRW 17850,000 to the deposit account in the name of the representative G in the name of the above company on the same day from the victim, as the land price.
2. On March 14, 2020, the Defendant stated that, through the above D’s office, the Defendant “in a formal manner, prepare a sales contract and return the land to another person when the victim retires or when the victim retires” to the effect that “in order to secure a high-quality land, the financial standing of which is difficult for the company,” the Defendant paid the application amount.
However, even if the defendant received the above application from the victim, he did not have the intent or ability to return it.
Nevertheless, the Defendant made a false statement as above, and then acquired 15 million won in total from the victim on the 16th day of the same month, 4 million won on the 17th day of the same month, and 5 million won on the 20th day of the same month.
Summary of Evidence
1. The defendant's oral statement;