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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On January 6, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for embezzlement for eight months at the Busan District Court’s Dong Branch Branch, and on January 14, 2012, the said judgment became final and conclusive on December 4, 2012, and on October 6, 2010, the execution of the said punishment was completed, and on December 4, 2014, the said judgment became final and conclusive on December 12, 2014 by having been sentenced to four months of imprisonment with prison labor at the Busan District Court for fraud.
1. The Defendant is a person who operated D (hereinafter “D”) a real estate investment developer located in Suwon-gu Busan (hereinafter “D”).
At the office above D on June 201, the Defendant made a false statement to the victim E that “The purchase price of the answer in Busan-gun F and G, which is located in G, is 640 million square meters, and the sales price of 1213 square meters is 640,000,000 won, which is paid to the seller H, the Defendant already made a sales contract with H, so that the difference may be sold to the extent of KRW 70,000,000,000.”
However, in fact, the above land owner at the time did not enter into a real estate sales contract with H, and rather, the conclusion of a sales contract with other persons was underway, and only thought that the contract deposit received from the victim was fully used for operating expenses of D at the early stage of the establishment of the contract deposit or personal debt repayment, etc., and eventually, even if the contract deposit was received from the victim, the defendant did not have an intention or ability to keep profits by entering into a sales contract for the above land normally.
Nevertheless, the defendant deceivings the victim as above, and then is 2011 as down payment from the victim.
6. around 22.2. Around July 30, 201, KRW 30 million was transferred to the Defendant’s bank account in the name of the Defendant or I, KRW 10 million around July 30, 201, and KRW 10 million around August 5, 201, to the agricultural bank account in the name of the Defendant, and received KRW 50 million in total.
2. The Defendant is asked from the above E whether the above real estate trading was well underway.