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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
1. Around August 31, 2007, the Defendant against the victim C made a false statement to the victim C, stating, “B has the right to sell the F Real Estate “F Real Estate” office located in Seocheon-gu, Seocheon-gu, Seocheon-si, Seoul, to the victim C with H 71.11 square meters of the H 71.11 p.m. sold in the G Co., Ltd. at the G Co., Ltd’s death zone. On the face of the down payment, the Defendant deposited the down payment to the G Co., Ltd., and would receive the down payment by setting the number of units and units at an anticipated place within three months, and if it is impossible to receive it, the Defendant would dispose of the right to sell and punish twice the down payment.
However, in fact, the Defendant did not have the right to sell the H, and was not in a situation or location to receive the sale, and even if he received the down payment from the victim, there was only the intent to use it for his operating fund, personal debt repayment and other personal purposes, and there was no intention to pay it to G Co., Ltd.
As such, the Defendant, by deceiving the victim, received KRW 60 million from the victim on the same day, and received KRW 95 million from November 6, 2007 to the national bank account (K) under the name of Dong J, and acquired KRW 150 million in total by deceiving the victim.
2. On September 15:00 on September 7, 2007, the Defendant against the victim L made a false statement to the victim L at the “F Real Estate Office” office stating, “The amount of money invested is sold to the GG Co., Ltd. within two months, and the amount of profit per bond would be KRW 100 million. The amount of profit per bond would be 70% out of the principal and profit of the invested money within two to three months, and if the sale is known within two to three months, the principal of the investment money will be returned until January 14, 2008.”
However, it is true that the defendant not only did not have the right to sell the H but also did not have the situation or location where he can sell the H.