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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On August 5, 2014, the Defendant committed the crime against the victim C at the office of (ju) E-E located on the fourth floor of the building D in the city of Gyeonggi-si, the Government of Gyeonggi-do, and via F, the public prosecution, which was in charge of the sales agency, provided that “If the payment for the sales contract is made in cash, the Defendant may supply G urban-type residential housing to the victim C at a much longer than the Si’s length.” In other words, the Defendant got the victim to receive the said F from the victim KRW 60 million.
However, in fact, in order for the victim to obtain the status of the two parties, the sale price should be deposited in the KB real estate trust account, which is a trust company, but the defendant was thought to use the amount of KRW 60 million received from the victim as the company's operating fund, instead of depositing it in the above trust account. At the time, the defendant did not have the intent or ability to pay the share of the victim with other funds even if he uses the money received from the victim as the company's operating fund, etc. because the financial situation of the company operated was very good.
Accordingly, the Defendant acquired 60 million won from the injured party, which belongs to the above false language.
2. On October 16, 2014, the Defendant: (a) concluded a sales contract with the victim H through the Defendant’s employees, Co., Ltd., Ltd., Co., Ltd., Ltd., a sales agent of the said office; and (b) concluded a sales contract by deceiving the Defendant to “EF I” rather than “KB real estate trust account, which is a trust company of the proceeds from the sale; and (c) concluded a sales contract by deceiving the Defendant to have completed the sales contract under the name of “EF I” rather than “the deposit account of the proceeds from the sale; and (d) concluded the sales contract by deceiving the Defendant to have completed the contract under the name of E as the real contract for the sale; and (e) received KRW 18 million from the victim on the same day.
However, in fact, in order for the victim to obtain the status as the adopted child, the sale price should be deposited in the KB real estate trust account, a trust company, but the defendant is above 18 million won received from the victim.