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A defendant shall be punished by imprisonment for four years.
Reasons
Punishment of the crime
[criminal power] On October 15, 2009, the defendant was sentenced to three years of suspension of execution to two years of imprisonment for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) in the Sungnam Branch of Suwon District Court on November 15, 2009, and the judgment became final and conclusive on November 11, 2010. On November 11, 2009, the Cheongju District Court sentenced two years of suspension of execution to six months of imprisonment for fraud, and the judgment became final and conclusive on March 8, 2010.
[Criminal Facts]
1. Around June 1, 2005, the Defendant concluded a sales contract to sell the victim D, E, etc. and the land in B to KRW 1.2 billion, in a multi-faceted room where the trade name in C, which is located in C, is unknown.
However, on February 20, 2005, the Defendant borrowed KRW 4,30,000 from H as the purchase price is insufficient for the purchase of the above land, and around May 27, 2005, ordered the said H to set the right to collateral security with the maximum debt amount of KRW 700,000 against the above land, but did not notify the victims of the above establishment of collateral security.
Accordingly, the Defendant, in concluding the contract for the above real estate with the victims, deceiving the victims as if the right to collateral security was not set up on the above real estate, and received 200 million won in total from the victims immediately and received 400 million won in the same place as the contract deposit.
2. On July 8, 2005, the Defendant made a false statement to the effect that “The Defendant would terminate the right to collateral security established on the land of this case on the face of 400 million won out of the purchase price,” at the I’s office located in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.”
However, in fact, at the time of receiving the purchase price from the victims, the Defendant thought that he would use it as the construction cost in the construction site in progress by theJ of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and there was no intention or ability to terminate the right to collateral security by repaying
Nevertheless, the Defendant is above.