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Defendant
A shall be punished by imprisonment for eight months for frauds described in Annex A (1) a net 1 to 3, and 5 to 7.
Reasons
Punishment of the crime
[criminal record] Defendant A was sentenced to a suspended sentence of six months of imprisonment with prison labor for a crime of escape from compulsory execution in the assistance of the Suwon Friwon, on July 15, 2011, and the said judgment became final and conclusive on November 11, 201.
[2] Defendant A is the representative director of S Co., Ltd., which is an apartment sales agency, and Defendant B is the head of the above S Co., Ltd., who introduced apartment units to sell to the buyers and entered into sales contracts.
1. Defendant A
A. A. On November 11, 2009, the Defendant: (a) concluded a sales agency contract with the Dasung-gun, Chungcheongnam-gun, Korea Land Trust Co., Ltd.; and (b) concluded a sales contract for the said apartment; and (c) concluded a sales contract for the said apartment; (d) was insufficient for the construction cost at the construction site in Seocheon-gun, Seocheon-gun; and (e) acquired the down payment and intermediate payment paid by the buyers.
On April 20, 201, the Defendant would deposit the said apartment with the Korean Land Trust Co., Ltd. when paying the down payment and the intermediate payment to the victim I who was found in order to obtain the sale of the said apartment at the office of selling the apartment in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-gu, Seoul. In addition, the Defendant would accept the payment of the remainder and at the same time make the registration of the transfer of ownership as to the said apartment 101 Dong 405.
“A false statement” was made.
However, the Defendant did not deposit down payment and intermediate payment received from the injured party into the Korea Land Trust Co., Ltd., and planned to use them for the construction price at the other construction site. Thus, even if the injured party pays the remainder, there was no intention or ability to have the said apartment transferred the ownership transfer registration.
The defendant deceivings the victim as above, and delivers 100,000 won to the injured party as a down payment around April 20, 201, and then the down payment on April 27, 201.