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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Criminal facts
On December 13, 2013, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended execution for the violation of the Road Traffic Act at the Changwon District Court on December 13, 2013. The judgment became final and conclusive on May 9, 2014.
Around June 2009, the Defendant concluded that “The victim D would have a multi-household house in Eunpyeong-gu Seoul Metropolitan Government E, purchase this multi-household house to KRW 130 million due to the shortage of construction funds, and sell this multi-household house to the Korea National Housing Corporation and sell this multi-household house to the Korea National Housing Corporation.”
However, in fact, the Defendant purchased 2 bonds of the old apartment in Eunpyeong-gu Seoul at the time of the purchase of 1.2 billion won, but 90 million won out of them were borrowed from financial institutions and others, and 1.4 billion won was never required for multi-household housing construction costs. Therefore, even if the Defendant sold the above multi-household housing with 130 million won under the name of the purchase price for 102 house in Eunpyeong-gu Seoul, Seoul, and received 100 million won from the victim, the Defendant would have to pay 150 million won to others or use the said money as the construction costs, and thus, it was extremely poor for the victim to pay 1.5 million won to others. However, such circumstances were concealed to the victim.
On July 17, 2009, the Defendant, by deceiving the victim as such, received money from the victim as the purchase price for the above multi-household house (the remaining amount from the victim after deducting 100 million won from a corporate bank) on July 21, 2009, KRW 20 million on July 21, 2009, and KRW 12,981 million on July 24, 2009, from the victim to the Defendant’s account.
Summary of Evidence
1. Partial statement of the defendant;
1. Prosecutions and police interrogation protocol of the accused;
1. D. D.