Text
A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On September 29, 2011, the Defendant was released from parole on January 30, 2012 while he was sentenced to one year and six months of imprisonment for fraud, etc. at the Seoul Central District Court around September 29, 201, and the parole period passed on April 6, 2012.
1. On August 21, 2012, the Defendant’s fraud: (a) around August 13, 2012, the Defendant: (b) around August 13, 2012, at the office of the Victim D operated by the victim D in Guro-gu Seoul Metropolitan Government, the Defendant got the victim a right to sell an officetel in return for doing electrical construction from the Ftel located in Gwangju and an officetel with large water.
Then, the victim made a statement to the effect that the Ftel No. 402 would reduce the difference between G real estate in Gangnam-si and 7 million won.” Then, the victim made a real estate exchange contract with the victim with the above content by presenting a sale contract for Ftel No. 402.
However, in fact, the Defendant was awarded a contract for an electrical construction for Ftel and was given a sales right as to Ftel 402 in lieu of the claim for the construction cost, and it was not a situation where electrical construction could be carried out due to the shortage of funds at the time, so the Defendant did not have the intent or ability to transfer the sales right for Ftel 402.
On August 21, 2012, the Defendant, by deceiving the victim, received a total of seven million won as the difference between real estate exchanges from the victim and acquired it by fraud.
2. On September 26, 2012, the Defendant, at the office described in paragraph (1) around September 26, 2012, would repay the amount to the victim D within one month from which he/she lent the amount of personnel expenses of five million won to the victim D.
“.............”
However, at the time, the defendant did not have any intention or ability to complete payment even if he borrowed money from the damaged party due to no particular property or income.
The Defendant, by deceiving the victim as such, received 5 million won from the victim to the account in the name of the defendant under the name of the child of the same day under the pretext of borrowing money from the victim.
3. September 2, 2012