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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
[criminal records] On April 13, 2017, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Daegu District Court on August 18, 2017, and the judgment became final and conclusive on August 18, 2017. On August 11, 2017, the Daegu District Court sentenced the Defendant to four months of imprisonment for fraud and became final and conclusive on December 7, 2017.
[2] The Defendant, on March 3, 2015, purchased KRW 627 billion in total, and paid KRW 180 million in each amount of KRW 40 million in security deposit with the Defendant, who was delegated by the Victim D, who was the owner under the 30.2 billion in domestic loan and KRW 402,00,000 in total, KRW 62.7 billion in each of the 401 and 402 units of KRW 62.7 billion in total, and paid KRW 5.4 billion in the remainder of security deposit with the Defendant.
The tenant's transfer of ownership in the name of the tenant in order not to enter into the contract because it is not registered in the name of the tenant.In the last time, the tenant's transfer of ownership in the name of the tenant is demanded.
“Falsely false.”
However, in fact, the Defendant continued to pay 70 million won at the time, and was under pressure on funds due to unreasonable investment in real estate, and was unable to gain profits from real estate investment, so even if the security deposit is received, the Defendant was scheduled to use the deposit without immediately paying it to the victim, and even if having received the registration of transfer of ownership from the injured party, the Defendant did not have the intent or ability to pay the entire security deposit in the purchase price to the victim.
The Defendant received the registration of the ownership transfer of 401, 205, from the injured party, on April 28, 2015, and the registration of the ownership transfer of 302 and 402, on May 7, 2015.
[2017 Gohap 463] Defendant F of the Victim F in front of the “Tgu Bank” located in the 3-dong, Daegu-gu, Daegu-gu, on April 2, 2015.