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Defendant shall be punished by a fine of 6 million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Criminal facts
From June 2010 to January 201, the Defendant served as the head of business in the State E, a real estate consulting company.
On October 12, 2010, the Defendant served as the head of the business in the real estate consulting company, “In-house (State) E”, and around November 201, the Defendant sought a right to move into the 21st foot of long-term rental house in the Seocho-gu Seoul, Seocho-gu, Seoul, to the head of the business division, and demanded the victim to pay KRW 20 million to the E in the name of the purchase price.
However, on December 2012, 2012, the Defendant: (a) acknowledged the fact that the Defendant had no capacity to seek the above occupancy right; (b) caused the said company to refund KRW 18 million, excluding the fee, to the victim, out of the purchase price of KRW 20 million; and (c) had the Defendant seek the above occupancy right independently; and (d) had the victim receive the refunded purchase price from the Defendant’s account by re-transfering it to the Defendant’s account.
On December 2, 2010, the Defendant: (a) made a false statement to the victim in the Buddhist Land of Seoul (hereinafter referred to as “(E) that he/she would immediately transfer the purchase price to the internal account in which he/she would be refunded; and (b) that he/she would seek the right to move into the 21 foot long-term rental apartment in the Seocho-gu, Seocho-gu, Seoul Metropolitan Government (e.g., the Seocho-gu), from the victim’s national bank account, KRW 3 million on December 3, 2010; (c) KRW 5 million on December 7, 2010; and (d) KRW 18 million on December 15, 2010, including KRW 18 million.
However, the defendant did not have the intention or ability to seek the right to move into the 21st unit of long-term rental house located in the Seocho-gu Seoul Metropolitan Government, Seocho-gu or Sejongdong.
Accordingly, the defendant deceivings the victim and acquired 18 million won as the purchase price for long-term rental house from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement concerning the accused in the protocol of interrogation of the suspect;