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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
The Defendant was sentenced to one year of imprisonment for embezzlement at the Seoul Western District Court on November 24, 2009, and the judgment became final and conclusive on December 2, 2009, and on November 22, 2012, the Seoul East Western District Court sentenced one year of imprisonment for fraud at the Seoul Western District Court, which became final and conclusive on November 30, 2012.
[2012 Highest 2814]
1. The Defendant against the victim C and D was aware that there was no determination of urban planning facilities regarding the above apartment, and that there was no prediction of the determination of urban planning facilities, in order that the Seodaemun-gu Seoul Metropolitan Government E apartment was developed as a Gu childcare center, which is an urban planning facility;
A. The Defendant, along with F, sold the above apartment unit 601 to F, and sold the apartment unit 601 to F at the same time, and F at the same time, around January 2, 2007, when the victim C works for the victim C located in Gangnam-gu Seoul Metropolitan Government Building 501, the victim’s “H Co., Ltd., Ltd.” will be developed into the victim’s “Seoul Seodaemun-gu E apartment 601 as an urban planning facility, an urban planning facility.” At this point, in the latter part of 2007, the Defendant purchased the apartment unit 90 million won as the right to move in and the right to move in and the compensation amount of KRW 50 million as well as KRW 140,000,000,000,000,000 won, without a framework. If the right to buy in and sell is not a right to move in, it would replace goods or refund the sales amount.”
However, the above facts did not have predicted the determination of the urban planning facilities to develop the above apartment as the Gu childcare center, and there was no intention or ability to replace the goods to the victim or to refund the sales price if the special right to purchase the apartment was not granted.
The defendant, in collusion with F, deceiving the victim as above, and deceiving him as such, 10 million won for the same day and the same year from the victim.
2.2.A transfer from one bank account in the name of F in total of KRW 140 million under the pretext of any balance.