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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
The Defendant is the representative director of real estate sales chain (ju), and from September 2010 to September 201, a person who had been engaged in a new construction project of “Ftel” in the land located in Gangnam-gu Seoul Metropolitan Government E.
1. Around December 1, 2010, the Defendant against the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim G made a false statement to the victim G that “If the Defendant has lent the money, it will use it as the funds for the implementation project of officetels, and if the amount of investment income in the implementation project is deposited in Busan after the month, it will be repaid with the previous borrowed money from January 201 to January 201.”
However, the defendant could not recover the investment profits related to the Busan Implementation Project, and even if he borrowed the above money from the victim, he did not have the intention or ability to repay it in time with the borrowed money.
As such, the Defendant, by deceiving the victim, received KRW 300 million from the victim to the passbook in the name of the Defendant under the name of the victim as the borrowed money, and received a total of KRW 850 million from around that time to September 11, 2012, including the transfer of KRW 300 million from around six times, as indicated in the list of crimes in the attached Table.
2. On October 201, the Defendant made a false statement to the victim I that “In the office of sales in officetels located on the second floor of the office of sales in the building located in Gangnam-gu Seoul, Seoul, the second floor of H, the victim I would receive three or four debentures for officetels from the Cococo trust company upon completion of the construction of the Ftel. If the purchase price is paid in a lump sum, the purchase price of officetels 408 is below the normal sale price of KRW 120 million and the ownership will be transferred as the end of the construction of the officetel.”
However, in fact, the above officetel site is not the case of (main) Coco asset trust due to the trust as of March 11, 201.