A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[criminal record] On August 29, 2014, the Defendant was sentenced to three years of imprisonment for a crime of fraud in the Busan District Court’s Vice-Support on September 5, 2014, and the judgment became final and conclusive on September 5, 2014. On November 16, 2017, the Gwangju District Court sentenced the Defendant to eight months of imprisonment for a crime of fraud and embezzlement, and the judgment became final and conclusive on November 24, 2017.

[Criminal facts] Defendant Co., Ltd. is the actual operator of Co., Ltd. who sold a small-sized residential officetel under the name of the Kucheon-si L Building in Bupyeong-si.

On June 5, 2009, the Defendant concluded a contract to purchase the 7th floor from R, which is the 7th floor owner of the Kucheon-si Q Building in the Seoul Special Metropolitan City and concluded a contract to purchase the 2 billion won total of the 7th floor and replaced the 7th floor to a small residential officetel with the payment of the down payment of 300 million won. The Defendant recruited the buyers through the seller, through the seller, a newspaper and Internet advertisement to ensure that the above officetel (L building) covers the lease profit for one year as an urban-type residential house where this individual registration is possible.

However, in fact, the 7th floor of the building was approved as an education and research facility, and the site was a situation in which individual registration can not be made for a residential purpose, such as a multi-unit house in the Seoul Special Metropolitan City, Seocheon-si district unit planning guidelines.

Therefore, there was no intention or ability to guarantee the rental profit for one-year period to the contracting parties to sell in lots.

1. Fraud against victims S;

A. On January 26, 2009, at the sales office of the above Q building L building, the victim S through the sales agent around the end of 2009 explain as if the occupancy of the L building is possible, and makes a false statement to the victim S, even if the occupancy is delayed, it shall ensure that the lease profit of 40-5 million won per month during one year from the scheduled date of the above scheduled date is secured, and it shall be acquired through fraud by obtaining a sales contract with the victim for 7th floor of the L building from January 26, 2010 for the sale price after concluding the sales contract with the victim for 87th floor of the 7th floor of the L building;

B. On October 6, 2009, at the first floor L Building sales office of the above Q buildings around October 6, 2009, the victim S and the 7th floor in the above manner.