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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[Criminal Power] On August 12, 2010, the Defendant was sentenced to a suspended sentence of four years for fraud, etc. at the Seoul Western District Court on two years and six months, and the judgment became final and conclusive on August 20, 2010.
【Criminal Facts】
The Defendant, as the representative director of G (hereinafter referred to as “G”) who is the contractor of the F apartment of Seodaemun-gu Seoul Metropolitan Government (hereinafter referred to as the “instant apartment”), agreed to receive payment in kind for part of the construction cost of the instant apartment from the reconstruction association of the instant apartment.
On April 23, 2008, at the defendant's office located in Eunpyeong-gu Seoul Metropolitan Government H, the defendant recommended the victim I (JJ's speech) to conclude the sale contract of the apartment of this case, and did not notify the victim I of the fact that the apartment of this case had already been sold to K, etc. as seen earlier, but without notifying the victim I of the fact that the apartment of this case had already been sold to K, the victim I had to be paid five bonds including the apartment of this case 201 as the construction cost in the course of the reconstruction construction. By the end, there is no problem until the completion, and there is a need to pay money rapidly. Accordingly, after completion of the construction of the apartment of this case, it is necessary to pay 120 million won in total the down payment and the intermediate payment of the down payment of this case of 201,000 won to the victim I, the victim I delivered this son to the victim.
However, around February 4, 2008, the Defendant: (a) sold the instant apartment No. 201 to L; and (b) received KRW 80 million from L, as a down payment and intermediate payment; (c) sold the instant apartment No. 201 to K around March 7, 2008; and (d) received KRW 40 million as the down payment and the intermediate payment of April 7, 2008 from N around March 24, 2008; (b) borrowed the instant apartment No. 201 through 204, 304 as security; and (c) delegated N to enter into a sales contract for the instant five bonds and delegated N on March 24, 2008.