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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
On February 2, 2012, the Defendant was sentenced to a suspended sentence of two years and six months to imprisonment for fraud, etc. at the Incheon District Court on February 2, 2012, and the said judgment was finalized on October 11, 2012. On July 26, 2013, the Defendant was sentenced to imprisonment of two years and six months for fraud, etc. at the same court on September 26, 2013, and the said judgment became final and conclusive.
1. Around June 26, 2008, the Defendant concluded that “E Real Estate” operated by D in Seongbuk-gu, Sungnam-si, Sinnam-si, would be completed in December 2008 with the introduction of the above D, and that “The Victim F would be completed in the G, 301, 302, and 401, which would be sold in lots.”
However, in fact, the Defendant is merely a construction business owner of the above lending, and was merely entitled to claim the construction cost to H, and did not have been delegated with the authority to dispose of the lending from the above H, so the Defendant did not have the intent or ability to sell the lending lending three to the victim.
As such, the Defendant: (a) by deceiving the victim as above; (b) around June 26, 2008, the Defendant was issued a cashier’s check under the same name as the Defendant’s account in the name of 301 down payment; (c) around June 30, 2008, KRW 50 million under the same name; (d) around July 29, 2008, KRW 50 million under the name of 302 down payment; (e) around August 4, 2008, KRW 45 million under the same name as the same account; and (e) around September 4, 2008, the Defendant received KRW 285 million under the name of the Defendant’s first account in the name of 401 down payment; and (e) around August 30, 2008, issued a cash check under the name of 401 cash payment.
2. On December 29, 2008, the Defendant: (a) entered into a sales contract with K, the owner of “646.4m2” on the said site at KRW 1.377 billion; (b) was delegated with the construction authority of multi-household houses to be newly built on the said site by the said K around June 8, 2009; and (c) was issued with the power of attorney, certificate of personal seal impression, and certificate of personal seal impression.
Therefore, the defendant is multi-household.