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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
1. On April 2017, the Defendant made a false statement to the victim in the “D” real estate development office located in Gyeonggi-gun C, Gyeonggi-do, that the victim “D” constructed a 30-year-type-type-type-type-old-type-old-type-old-type-old-based-type-old-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-
However, at the time of the purchase of real estate including F above, the Defendant had a total of KRW 30 million for financial institutions’ obligations and debentures, and the interest thereon was paid at KRW 10 million per month, and the Defendant did not have any intent or ability to pay the construction cost even if the victim constructed the housing.
Accordingly, the Defendant, by deceiving the victim, had the victim construct a house from May 3, 2017 to October 28, 2017, and did not pay KRW 110 million for the construction cost, thereby acquiring property benefits equivalent to the same amount.
2. Around September 5, 2017, the Defendant against the victim G said that “D” in the “D” real estate development office located in Gyeonggi-si, Gyeonggi-do, would sell the land and housing to the victim of the “D.” The remainder is KRW 40 million as down payment and the remainder is changed on November 4, 2017 after completion.”
However, at the time, the Defendant purchased real estate, including the above F, with a total amount of KRW 330 million, the Defendant had a financial institution’s obligation and corporate bonds worth KRW 10 million per month, and the interest thereon was borne KRW 10 million per month, and the construction cost cannot be paid as provided in paragraph (1). Therefore, the Defendant did not have the intent or ability to transfer the ownership of the land and the house in Gyeonggi-gu F, Gyeonggi-do.
Accordingly, around August 16, 2017, the Defendant deceiving the victim and transferred KRW 4.5 million from the victim to the Agricultural Cooperative Account of the Defendant’s type H, designated by the Defendant, as down payment, and around September 5, 2017, to the Agricultural Cooperative Account of the said H.