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Defendant
A shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
Defendant
A on December 3, 2009, the Seoul Central District Court sentenced two years and six months of imprisonment for fraud, etc., and the judgment became final and conclusive on February 11, 2010.
1. The Defendant A, who committed the crime of defraudation of KRW 50 million, was an operator of the F&A, who entered into a sales agency contract with the Bagnb City Co., Ltd., which is the executor of the D commercial building, again recruited the seller together with the Co-Defendant B.
On July 2006, at the ceremony operated by the victim H in Gwanak-gu in Seoul Special Metropolitan City, Defendant A explained the situation of the sale of commercial buildings to “I, the actual president of E of a stock company, has invested 12 billion won, and B also has invested 2 billion won, making an investment known to the victim, and if I believe that it would be better to make a large investment, I would transfer money to B’s account.”
However, in fact, the Defendant was only able to invite a person to purchase a commercial building and receive a fee on the above elbnb, which is an executor, and did not have the right to directly conclude a sales contract or to directly receive a down payment, so there was no intention or ability to allow a commercial building to purchase a commercial building as an investment payment.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 30 million on August 28, 2006 from the victim to the account in the name of Korean bank account in the name of B for the investment in the sale of commercial buildings, and KRW 20 million on August 31, 200, respectively.
2. On August 18, 2006, Defendant A said that “If the victim lends 10 million won to the third party so that the third party can rent the sales office, the third party will substitute the sales office with the sales price when selling the commercial building.”
However, in fact, the defendant did not have the right to sell a commercial building or receive the down payment as stated in the preceding paragraph, so even if he borrowed money from the victim under the name of the deposit, he will pay it later by replacing it with the sale price.