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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On February 2, 2016, the Defendant purchased a real estate equivalent to 3 billion won in Kimpo-si F (hereinafter “instant real estate”) from the victim E, who operated a D restaurant in Nam-gu Incheon Metropolitan City around February 2, 2016, and offered a proposal to operate the restaurant in the Dong-si, Kimpo-si, and then operated the restaurant in the Dong-si. “The shares of ownership shall be 7 and 3 of the Defendant, and the victim shall first prepare 250 million won in cash, if the victim prepares for the 250 million won in cash, the remainder shall be fully liable for the Defendant by lending money and financial rights held by the Defendant.
The 300 million won out of the real estate purchase price was already paid in advance to the seller, and the real estate was prepared as cash purchase price.
However, the sale contract shall be stated in KRW 2.7 billion at the request of the seller.
“The meaning of “.......”
In addition, on March 21, 2016, the victim entered into a sales contract with the Defendant to purchase the instant real estate at an authorized brokerage office located in Kimpo-si, Kimpo-si, and paid KRW 150 million as the down payment to H who represented the seller G, while concluding a sales contract with the purchase price of KRW 2.7 billion.
However, in fact, the sales price of the above real estate is not three billion won, but 2.7 billion won, unlike the defendant explained to the victim, there was no fact that 300 million won was paid to the seller in advance, and the defendant did not prepare cash of 500 million won, and the defendant did not have any economic means, and it was also impossible to lend financial rights due to personal debt, etc.
1. On April 1, 2016, the defrauded against KRW 50 million on around April 1, 2016, the Defendant is obliged to pay KRW 50 million as a loan fee to the victim on April 1, 2016 at the cafeteria operated by the said victim for an intermediate payment of the instant real estate to the victim.
The purport was that “I would first pay KRW 50 million, as I would have to invest KRW 250 million,” and “I would like to pay KRW 50 million.”
However, the defendant receives the above 50 million won and bears his personal obligations.