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A defendant shall be punished by imprisonment for a term of one year and two months.
An application filed by an applicant for compensation shall be dismissed.
Reasons
Criminal facts
On October 30, 2017, the Defendant had an opportunity to purchase C apartment at the low price via the Kakakaox through the Kakaoox. The Defendant made a false statement to the effect that “The Defendant may seek KRW 280,000,000 from KRW 250,000 to KRW 280,000,000,000 within the Republic of Korea, and where the remainder of the money was loaned, he/she may purchase this apartment with the money and live together or sell it at a later low price. The same shall apply to the lease.”
However, at the time of fact, the defendant did not have any special property, and even if he received money from the victim, he did not intend to use it for the purpose of purchasing apartment, and was only thought to use it as living expenses, etc.
As such, the Defendant, by deceiving the victim and deceiving the victim, received KRW 5,200,00 from the victim on October 31, 2017 through the Agricultural Cooperative Account (Account Number: D) in the name of the Defendant on the purchase of apartment and received KRW 137,200,00 from that time until November 29, 2017.
On October 31, 2017, 520,000 won, there is an opportunity to purchase the apartment house in a way to cover up the money.
At the same time, apartment houses are purchased.
On November 29, 2017, the remittance of KRW 35 million to the account was made by the Defendant on November 29, 2017 by means of the remittance of KRW 20 million to the account on November 3, 2017, to the account of KRW 30 million on November 3, 2017.
Summary of Evidence
1. Legal statement of the witness B;
1. Each specification of transactions attached to the complaint;
1. Kakao original file (powerd materials);
1. Determination as to the defendant and his/her defense counsel's assertion of each investigation report (the result of execution of a warrant of search and inspection)
1. The main point of the argument is that the Defendant first wants to live together with the Defendant, and the Defendant is aware of the entire age apartment.