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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
In around 2015, the Defendant is a person who is in charge of the sale of the E-family housing in the NAS Complex Construction Co., Ltd. in Seoul, Jung-gu, Seoul, and two lots of land. The fact is that several provisional attachment and disposal prices were already disposed of for the said land, and the Seoul Central District Court made a decision to commence compulsory auction (F) on January 21, 2014, and the Seoul Central District Court made a decision to commence compulsory auction (G) on March 9, 2015, and there was no intention or ability to sell the said apartment house 502, even if the sales contract was concluded with the Defendant.
Nevertheless, the Defendant entered into a contract with the victim on March 21, 2015, trading the said apartment house with the victim around March 20, 2015, and transferred KRW 500,000,000 to the Defendant’s bank account in the name of the Defendant’s I bank account in the name of the victim, without notifying the victim of the aforementioned circumstances, on the following grounds: “The said apartment house is completed immediately around May 15, 2015, and there is no defect in the apartment house, and the unit is sold in a way less than the unit price,” and the Defendant was transferred from the victim to the bank account in the name of the Defendant’s I bank around March 20, 2015.
3. 23. 23. 45 million won as a down payment, and the same year.
4.3. The same year: 44 million won as the part payments;
4.7. On the other hand, the Defendant, at the time of the instant crime, was well aware of the fact that the said apartment house 502 was already sold to another person at the time of the instant crime, and did not notify the victim thereof. However, in the double selling of real estate, the mere fact that the seller was in a position not to unilaterally cancel the first sales contract in the double selling of real estate, the effect of the second sales contract or the performance of obligations arising from the sales contract.