A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[Criminal record] On April 24, 2017, the Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor for fraud, etc. at the Jung-gu District Court, which became final and conclusive on May 2, 2017.

[2017 Highest 1741] The Defendant borrowed money of at least one billion won from E from around 2014 to raise funds for expenses incurred in the sale of the said commercial building, and sold the said commercial building units to E around April 29, 2014, and the sales price was paid in full in lieu of the investment amount.

On February 10, 2015, the Defendant would sell the remainder after completion of the work on September 2015 to the victim F of the said commercial office with the payment of the down payment and intermediate payment of 103 commercial buildings.

“.....”

However, as above, the Defendant had already sold 103 units to E, and there was no property that can be paid in return for 103 units that had already been sold to E. Thus, even if the Defendant received the sale price from the damaged party, there was no intent or ability to sell the above 103 units to the victim.

The Defendant entered into a sales contract of KRW 3,00,000 for the total sale price of KRW 391,272,00 for the above commercial building 103 and received KRW 3,00,00 as the down payment on the day of the contract, and received KRW 75,254,400 for the contract deposit around February 11, 2015 and KRW 100,000 for the intermediate payment as the intermediate payment around June 15, 2015, and received KRW 178,254,400 for the Defendant’s Saemaul Treasury account as the intermediate payment.

Accordingly, the defendant was given property by deceiving the victim.

[2017 Highest 2993]

1. The Defendant is a business entity who newly constructs and sells a building for G and D commercial buildings in the Government of the Gyeonggi-si.

On September 11, 2014, the Defendant prepared a sales contract for commercial buildings with the content that the Plaintiff would sell D 102 units to H, even though he/she had not obtained the consent or delegation from E, a joint business proprietor of D 102 at the above sales office, and then made the name of E in the seller column.