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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[2012 Highest 6091] On October 2007, the Defendant stated that “When investing money, the Defendant would operate the sales agency and pay 50% of the profit by operating the sales agency and introduce it to allow the interior construction of apartment buildings sold in lots.”
However, in fact, the defendant was difficult to obtain the right to sell commercial buildings from the SK Construction Co., Ltd., a construction company of C apartment, and there was no intention or ability to introduce the defendant to gain profit or to carry out the interior construction of the apartment that purchased the house even if he received the money from the victim.
The Defendant, as such, by deceiving the victim, received KRW 1 million from the victim on January 9, 2008, KRW 10 million on February 4, 2008, KRW 10 million on February 20, 2008, KRW 10 million on March 5, 2008, KRW 110 million on March 11, 2008, KRW 5 million on March 21, 2008, KRW 15 million on April 5, 2008, KRW 500,000 on April 1, 208, KRW 500,000 on April 1, 208, KRW 500,000 on May 21, 2008, KRW 500,000 on May 21, 2008, KRW 98,500 on June 29, 208.
[2013 Highest 473]
1. Around March 20, 2010, the fraud Defendant made a false statement to the effect that “In-house C Co., Ltd.’s director, 1101, 1102, 1103, 1104, and 1105 of the above apartment building can be sold at discounted prices from SK construction. This commercial building was sold at a low price and tried to resell the commercial building by adding premium to a third party. In short, the Defendant would have invested only KRW 180 million in the business, the Defendant would return KRW 360,000,000 to September 30, 2010.”
However, the defendant was not a sales agent G employee, but did not have sold the above commercial building as an employee of the service company, and could not receive profits from the sale at a discounted price, and even if he received money, he was thought to be funded by personal bonds.