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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. The Defendant’s fraud against AX was a plan to use money from AX to pay the existing debt because he/she failed to pay the amount of KRW 1.3 billion around March 2013, and was instructed by creditors to demand the creditors, and there was no intention or ability to pay the money.
In addition, it was not possible to transfer the ownership of the non-permanent apartment that is located in the field of debate from the president of the real estate federation to the victim or his/her father or mother.
Nevertheless, on June 27, 2013, the Defendant: (a) at the Defendant’s house located in Seosan-si AY building A, 304, the victim AY apartment is well aware of the establishment of the real estate federation, which has up to 10 additional apartment units. (b) the Defendant transferred money to 108 Dong 1301, and (c) the Defendant would transfer the apartment units on 108 Dong 101, Dong 108, Dong 11, to ZA; (b) the Defendant received KRW 8 million from the victim to the corporate bank account in the name of BA used by the Defendant on the same day; and (c) from June 27, 2013 to July 25, 2013, the Defendant received KRW 250,500 from the victim in total seven times, as indicated in the attached Table 1 of the Crimes List from around June 27, 2013 to July 25, 2013.
2. The Defendant did not have any means to repay the said apartment, and the Defendant did not have any obligation to repay the said apartment to the AY building A 304,00,000 won in the monthly rent of KRW 60,000 and KRW 4,50,000 in the monthly rent. The Defendant did not have any obligation to sublease the said apartment to the AY building A 304,000 won.
Nevertheless, on July 25, 2013, the Defendant called the victim AZ from Masan-dong on the phone of Masan-dong on July 25, 2013 and called the victim AZ-dong 304, which is currently living together with the AY-dong 304, whose age is 60,000 won and live together without the monthly rent, and on the same day from the victim.