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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On January 8, 2015, the Defendant was sentenced to six months of imprisonment with prison labor at the Busan District Court on January 16, 2015, which became final and conclusive on January 16, 2015. On February 14, 2014, the Busan District Court was sentenced to four years and four months of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Dong branch branch of the Busan District Court, and the judgment became final and conclusive on October 2, 2014. On February 12, 2010, the judgment was final and conclusive on February 20, 2010, which was sentenced to two years of suspension of the execution of imprisonment with prison labor at the Busan District Court on February 20, 2010, and on January 28, 2010, the judgment became final and conclusive on February 5, 2010.
1. On December 17, 2008, the criminal defendant against the victim B made a false statement that "this apartment will be sold in KRW 196 million to the victim through the defendant's employees F in charge of the management of the company in charge of the settlement of disputes in Gangnam-si C apartment D."
However, in fact, the defendant purchased an unsold apartment on a large scale and borrowed funds to purchase the unsold apartment in lots in order to borrow as the interest of the high interest rate, and operated the business again with the repayment of part of the existing debt in the course of operating the business again, and therefore, the defendant thought to use the sales price as the repayment of the existing debt, operating expenses of other sales sites, monthly salary for employees, etc., not paying the sales price to the trust company, and even if receiving the sales price from the victim, there was no intention or ability to transfer the apartment ownership.
As above, the Defendant deceiving the victim and received KRW 1 million in cash from the victim, namely, in the name of down payment, from the victim, and around December 26, 2008, received KRW 99 million from the G bank account in the name of the KBE for the settlement of down payment and intermediate payment, and around February 4, 2009, the Defendant got H to receive KRW 96 million in the balance under the name of the KBE for the settlement of accounts.
2. On January 12, 2009, the Defendant against the victim I is in the office of sales in the office of Gangnam-si Co., Ltd. (J).