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A defendant shall be punished by imprisonment for five years.
The defendant shall acquire 32,863,50 won by fraud to C who is an applicant for compensation and shall obtain money from D.
Reasons
Punishment of the crime
The Defendant is a person who operated the “L” company that sells an apartment complex called “K” built by Malaysia-based Malaysia-based Malaysia-based company.
"2011 Highest 2180"
1. On July 14, 2008, the Defendant stated, “Around July 14, 2008, the Defendant: (a) at the office of the Defendant located in Cuba J, the victim E, that “A person who sells K in lots. If 40% of the sales price is paid, the remaining 60% of the sales price is to receive a loan from the Bank of Cuba as collateral and pay the sales price to the contractor, and to transfer ownership.”
In fact, the defendant, when he purchased the above apartment from the above Bosia, paid only the down payment, and the remainder of the purchase price can maintain the contract with the above Bosia after receiving the sale price. However, due to the financial difficulties of the company, he received the sale price and used it for the company operation expenses and the defendant's personal expenditure, and did not properly pay the contract price to the above Bosia and received the sale price from the victim, so he did not have the intention or ability to sell the above apartment normally even if he did not receive the sale price.
As such, the Defendant, by deceiving the victim, received KRW 7.3 million from the victim on July 14, 2008 under the pretext of sale price for K B 11-02, and received KRW 33 million in total from the victim on December 2008, and received KRW 25.7 million around December 2008.
2. Around May 8, 2008, the Defendant: (a) by deceiving the victim D in the same manner at the same place; and (b) was granted from the victim a total of KRW 9,590,000,000,000 around May 8, 2008; (c) around July 14, 2008; and (d) around November 4, 2008, KRW 24 million; and (e) around February 6, 2009, KRW 2479,590,000,000,000,000,000 around February 6, 2009.
3. On February 23, 2009, the Defendant, by deceiving the victim C in the same manner at the same place, and deceiving the victim from the victim.