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A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
Defendant
B and around 209, when operating the “C” (hereinafter “C”) and around 2009, in the situation where the E-type apartment factory construction project was carried out jointly with FF Co., Ltd. (the representative G; hereinafter “F”) and waivers the right to carry out the joint project due to the shortage of the fund, I had the mind to acquire funds from others by receiving the right to carry out the said apartment factory sales agency from others by exercising the right to carry out the joint project.
1. Around September 3, 2009, Defendant 2 and Defendant 2 made a false statement to the effect that “C is implementing an apartment-type factory located in Songpa-gu, Daegubuk-gu, and if 500 million won is deposited (deposit) with the victim H who was introduced by the branch of the J office located in Songpa-gu, Seoul, Seoul, the sales agency for the apartment-type E-type factory will be granted. The deposit will be returned at the end of one month after the date of conclusion of the contract, and it will be immediately returned when it is difficult to carry on the business due to the suspension of the business and the indefinite postponement of the business.”
However, in fact, around August 18, 2009, the above E-type apartment factory implementation project prepared a written confirmation to the effect that the above C renounces the business rights to F due to the shortage of funds, and transferred ownership in the name of F on or around August 24, 2009, the defendant and B did not have the authority or ability to grant the right to sell in lots to others at will without the F's consent, and there was no intention or ability to return it according to the agreement, even if they did not receive money from the victim as a deposit.
Defendant
B and, as such, by conspiracy, deceiving the victim and deceiving him as such, C. 50 million won as contract deposit from the victim for the same day as the contract deposit.