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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
The defendant of "2012 Highest 972" is a corporation AF in the fourth floor of Seocho-gu Seoul Metropolitan Government AE Building, a corporation A in the sixth floor of Seocho-gu Seoul Metropolitan Government Ztel, and a corporation Qtel in the Gangnam-gu Ptel 404.
1. Fraud against the victim DC;
A. On October 17, 2008, the Defendant purchased 100 square meters from the purchase price to 55,000,000,000 won from DD, a company owned by the Defendant, at the above AF office of the said AF office, the Defendant made a false statement to the effect that “The down payment to 6,000,000 won and intermediate payment to 24,000,000 won are first paid, and then divided and sold the land and left profits, and the remaining balance is defective from the profits.”
However, at the time, the above land was not land owned by the above company, and the above company was operated in the form of return to the existing investors by receiving new investment, etc. under the state of deficit at the time. Therefore, the defendant was thought to use the above money as expenses necessary for the company. The defendant purchased the above land and did not have the intention or ability to complete the registration of ownership transfer, to sell or divide it to the victim.
The Defendant, as such, by deceiving the victim as above, received a total of KRW 30,000,000 as indicated in the annexed crime sight table Nos. 1 through 2 in the name of the purchase price from the victim.
B. On February 4, 2010, the Defendant called the victim at Q office of the above corporation, and made a false statement to the effect that “The remaining amount of KRW 25,000,000 out of the DD purchase price in the above Chuncheon City will be transferred to the ownership of the above land if it would be the principal, and if it loans KRW 5,00,000 as the amount of investment is insufficient to make the principal investment in the main apartment complex located in Daegu, it would be paid for only three months, and the interest will be repaid to the maximum.”
However, at the time, the above land was not land owned by the above company, and the above company has received new investments at the time.