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Defendant
A shall be punished by imprisonment for four months.
Defendant
B The summary of the judgment on Defendant B shall be published.
Reasons
Punishment of the crime
[criminal history] Defendant A was sentenced to three years of imprisonment for a crime of fraud at the District Court on October 4, 2016, and the said judgment became final and conclusive on January 12, 2017. On August 4, 2017, Defendant A was sentenced to four months of imprisonment for the same crime in the same court, and the said judgment became final and conclusive on January 10, 2018.
[2] On September 2010, Defendant A entered into an agreement with the Si Corporation and Dtel 20 households with the victim C at the E office located on the first floor of the Dtel in Yeongdeungpo-gu Seoul Metropolitan Government.
If the contract is prepared and deposited, it will be completed as soon as possible, and the officetel will be purchased at a price higher than the market price.
It will be possible to move into a part of the balance even before the completion of construction is permitted in advance.
“Falsely false.”
In fact, on August 27, 2010, Defendant A paid a down payment of KRW 200 million to the FOtel 20 households, a contractor, and did not have the right to sell the above officetels with no intermediate payment, etc. The DOtel was entrusted to GOG and it did not have the right to dispose of it at will. Thus, Defendant A did not have any intention or ability to transfer ownership to the victim, even if concluding a contract for sales of DOtel with the victim and receiving the purchase price.
Nevertheless, Defendant A deceiving the victim as above, entered into a sales contract on October 16, 2010 with respect to Dtel I on behalf of the victim and the victim with the purchase price of KRW 222,820,000 ( separate value added tax). From October 4, 2010 to November 7, 2011, Defendant A acquired from the victim a total of KRW 88,60,000 from the purchase price for ten occasions, such as the list of crimes in attached Table.
Summary of Evidence
1. The defendant A's partial statement
1. Legal statements by witnesses C and J;
1. Some of the statements made by the prosecution against the Defendants in the suspect interrogation protocol
1. Each investigation report (to submit a detailed statement of the transaction of the victim, and to prepare a suspect;