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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[Criminal Power] On August 23, 2012, the Defendant was sentenced to imprisonment with prison labor and six months at the Seoul Central District Court for fraud, and the said judgment became final and conclusive on November 15, 2012.
【Criminal Facts】
1. The Defendant was the representative of 64 households who were excluded from the subject of relocation measures among the removal residents pursuant to the Songpa-gu Seoul Metropolitan Government C development project, and there was a history of having been punished for fraud after selling the right to move in the leased apartment of the tenant voluntarily to another person. From that point of time, the Defendant had been well aware of the fact that the right to move in from D and the Buddhist winner was not recognized as the right to move in several times by the related agencies such as Songpa-gu Office. As a result, even if the above right is sold to another person, the Defendant was recognized as the right to move in through administrative appeal and administrative litigation, and there was no intention or ability to move it in the name of the purchaser.
On May 7, 2011, the Defendant was issued KRW 10 million from the victim as the transfer price for the right to move into a permanent rental apartment located in Songpa-gu Seoul, on the false statement, stating that “The Defendant would transfer the right to move into a permanent rental apartment located in Songpa-gu, Seoul without having a valid occupancy right as above, to the victim G at the F Law Office located in Seoul E-gu.”
B. On June 22, 2011, the Defendant made a false statement to the victim H at the Seoul E Law Firm F office, stating that “The Defendant would transfer the right to occupy the permanent rental apartment located in Songpa-gu Seoul, Songpa-gu without having a valid occupancy right as above,” and received KRW 6 million from the victim as the transfer price of occupancy right.”
C. On July 5, 2011, the Defendant: (a) did not have an effective occupancy right to the victim I at the F Law Firm F office located in Songpa-gu, Seoul; (b) did not occupy the permanent rental apartment located in Songpa-gu, Seoul.