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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The defendant is a person who has no fixed occupation.
1. On November 2018, the Defendant made a false statement to the effect that, at the 8th floor C office of the Jung-gu Seoul Metropolitan Government Office of 2018 on November 22, 2018, the Defendant: (a) from the victim D to D on July 22, 2019, the Defendant “is operating an apartment event of Namyang-gu, Seoul Metropolitan City; and (b) together with E of Incheon Song-do. If he talks with E, he/she may perform the apartment landscaping construction; (c) if he/she performs the landscaping construction, he/she may take a cost of KRW 20 million; and (d) if he/she takes into account the error of the landscaping construction work, he/she shall obtain the consent of E; and (d) it is necessary to take a entertainment expense of
However, at the time of fact, the defendant did not have any special property or fixed income, and not only did he did not operate the apartment event, but also did not have the intention or ability to make the victim obtain the profit of KRW 20 million by making the landscape architecture construction work.
Nevertheless, the Defendant, by deceiving the victim as above, received money from the victim through the post office account in the name of the Defendant as entertainment expenses, for the purpose of KRW 1 million on November 28, 2018 and KRW 20 million on November 29, 2018.
In this respect, the defendant acquired the property from the victim.
2. On November 23, 2018, the Defendant made a false statement to the effect that, “The Defendant shall deduct the victim from selling an apartment in the vicinity of the Jung-gu Seoul Metropolitan Government G, “H” before selling it in the vicinity of the Namyang International Station. If only KRW 80,000,000, an apartment may be sold in the apartment, and the apartment commercial building may be sold in the way of receiving the answer.” On January 10, 2019, the Defendant made a false statement to the effect that “If the victim leaves the apartment as good before the sale of the apartment, E shall only be kept if it remains good.” 7,00,000 won shall be deposited.”
However, at the time of fact, the defendant did not have any special property or fixed income and reached the amount equivalent to the debt, and apartment is the victim.