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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
"2017 Highest 1441"
1. Around September 18, 2015, the Defendant told the victim C, who is an employee of B, who was the employee of B in the US room (hereinafter referred to as “B”), to the effect that “D apartment E, which had been previously seen, is in demand for mind, and may not be left.” The Defendant made a statement to the effect that “The Defendant would have to be repaid when preparing the prime contract instead of paying KRW 2,00,000 as the down payment.”
However, the defendant did not have any intention or ability to repay even if the victim pays the down payment instead of the down payment.
The Defendant, by deceiving the victim, had the victim transfer KRW 2,00,000 to F, the owner of the house on the same day, as down payment, and did not pay it, thereby acquiring property benefits equivalent to the same amount.
2. On September 25, 2015, the Defendant made a statement to the effect that “A telephone calls to the victim C, and the Defendant would substitute payment of KRW 10,000,000, out of the deposit for lease, to be repaid to KRW 2,000,000, out of the deposit for lease, prior to the preparation of the contract,” to the victim C.
However, the defendant did not have any intent or ability to repay the amount even if the victim pays the amount in lieu of the deposit.
The Defendant, by deceiving the victim as such, had the victim remit the F of the lease deposit amount of KRW 9,620,670, which is a part of the lease deposit, to the F of the same day, and did not repay it, thereby acquiring pecuniary benefits equivalent to the same amount.
3. On October 1, 2015, the Defendant concluded a F lease agreement with H office located in Geumcheon-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, with respect to the said D apartment E, and the Defendant stated to the effect that “The Defendant would pay the victim C with the remainder of KRW 8,00,000,000 for one payment of the borrowed money in lieu of the cost of cleaning the occupants in one lump.”
However, the defendant did not have any intention or ability to repay the money paid by the victim on behalf of the victim, including cleaning expenses.
The defendant deceivings the victim to do so.