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A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2013 Highest 566]
1. On March 1, 2012, the Defendant made a false statement to the effect that “The Defendant would transfer the victim C’s 10 square meters of land F in the Jeju-gu Kim Jong-si, Daegu-gu, Seoul-gu, to the effect that the Defendant would transfer the victim C’s 10 square meters of land at the office located in the fourth floor of the D Building, Daegu-gu, Seoul-gu, via its employees.”
However, at the time of fact, the Defendant sold the above land to the victim under the circumstance that he did not hold ownership because he did not pay any balance to the original owner with respect to the above real estate that the Defendant intended to sell to the victim, and the victim did not have the ability to mobilize funds other than the purchase price paid, and the victim could not transfer the above real estate to the victim without purchasing the above real estate with the money received from the victim, and even if he received money from the victim due to the lack of the circumstances of the company’s funds at the time of receiving the money from the victim, there was no intention or ability to complete the registration
Ultimately, the Defendant, as above, by deceiving the victim as above, received a total of KRW 23 million from the victim on March 19, 2012, and KRW 6.7 million on March 22, 201, and acquired the said money by using the said money as office expenses and personal debt repayment.
2. On March 8, 2012, the criminal defendant against the victim G made a false statement to the victim G via his/her employees, stating that “The victim would transfer the victim’s 10 square meters of land F in Jeju Kim Jong-si, North Korea, to the victim G at the place indicated in paragraph (1) of the same Article.”
However, at the time of fact, the Defendant sold the above land to the victim under the circumstance that the Defendant did not have ownership because it was unable to pay the balance to the original owner with respect to the above real estate that the Defendant intended to sell to the victim, and mobilized funds other than the purchase price