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1. Defendant 2015 Highest 4951, supra, was punished by imprisonment with prison labor in October, 2016, and case 1424, supra.
Reasons
Punishment of the crime
On December 27, 2011, the Defendant was sentenced to imprisonment with prison labor for fraud at the Seoul Central District Court on December 27, 201, and on June 13, 2012, the Seoul Detention Center completed the enforcement of the sentence.
[Criminal facts]
1. On October 2013, the defrauded made a false statement to the victim E’s office located in Suwon-gu, Suwon-si, Suwon-si, the Defendant concluded that “The Defendant would be able to purchase KRW 60 million in cash if the Defendant succeeded to the loan and the lease deposit with the Defendant, which would be able to purchase as profits would have been purchased, as the seller of the building entered into a sales contract with G, and that the Party would be able to purchase from G, and that it would be possible to send the sales amount to G.”
However, the Defendant did not have the intent or ability to transfer the ownership of 10 studio buildings to H, the owner of the above studio building, in exchange for water exchange with the above studio building. Therefore, even if the ownership of the above studio building was not transferred from the above H, the Defendant did not have the intent or ability to transfer the ownership of the above studio building to the victim even if he received the down payment for the sale of the above studio building from the victim.
Around October 29, 2013, the Defendant was transferred KRW 30 million to the national bank account in the name of G, a subordinate employee of the Defendant, from the victim.
Accordingly, the defendant was given property by deceiving the victim.
2. After preparing a private document with qualification, the Defendant received a receipt for the payment of the down payment as stated in the preceding paragraph from E, even though the seller did not have received any delegation from H for the preparation of the receipt, the seller received the said down payment of KRW 30 million from H and received the receipt as if H delegated the preparation of the receipt from H.
Accordingly, the defendant is in advance within the vehicle of the defendant who was parked on the street in the Dong-dong, Dong-dong, Dong-gu, Suwon-gu, Suwon-si on October 29, 2013.