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A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
[2017 Highest 1205]
1. On February 25, 2016, the Defendant made a false statement to the victim’s office located in Ulsan-gun BT, Ulsan-gun, that “The Defendant would receive a successful bid of the Ba-si BV building from the Changwon District Court by auction, and thus, would transfer money as a bid bond.”
However, the defendant, at the time, had an intention to use the real estate as repayment of debts and personal living costs even if he/she received money from the injured party because the Korea Asset Management Corporation bears excessive debts such as KRW 600,000,000.
Nevertheless, on February 26, 2016, the Defendant, by deceiving the victim, received 21,455,000 won from the victim to the Agricultural Cooperative Account in the name of R Co., Ltd., and acquired it by deceiving the victim.
2. On November 9, 2016, the Defendant calls from the victim BW at the adjoining land and receives a successful bid for KRW 6,150,000,00 from the Changwon District Court for the KRW 6,1201,00,00 from the auction to the Changwon District Court.
“A false representation was made.”
However, the defendant, at the time, had an intention to use the real estate as repayment of debts and personal living costs even if he/she received money from the injured party because the Korea Asset Management Corporation bears excessive debts such as KRW 600,000,000.
Nevertheless, on November 9, 2016, the Defendant, by deceiving the victim, received money from the victim to the Agricultural Cooperative Account under the name of the Co., Ltd., Co., Ltd. on the part of November 9, 2016, KRW 5 million, and KRW 23 million in total, and KRW 28 million in total, from the same account on November 14, 201.
3. On December 2016, the Defendant concluded that “The Defendant would receive a successful bid of the 605-dong 201-dong 201, from the Changwon District Court’s auction to the Defendant’s office located in Q and 1st century,” false statement that “The Defendant would transfer money as a bid bond.”
However, at the time of fact, the defendant is worth KRW 60 million to Korea Asset Management Corporation.