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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
[2011 Highest 1486] The Defendant, along with the deceased husband D, was a person who operated a “F Licensed Real Estate Agent” under the E-building 143 in Jungcheon-si.
On November 4, 2010, the Defendant, at the office of “F Licensed Real Estate Agent” as above, made a false statement to the effect that “The Defendant did not have any surplus funds that can replace the operating fund to customers with the money for lease money or a shortage of purchase money, and thereby making other real estate customers pay for the money up to November 12, 201,” and received KRW 32 million from the victim on the same day.”
However, even if the Defendant received money from the victim, it did not intend to use the money as the real estate operating fund, but intended to repay the borrowed money to another debtor, and even if the borrowed money was borrowed from the victim as the operating fund at the time, there was no intention or ability to repay the borrowed money.
In the same month, the Defendant, as above, by deceiving the victim and receiving 32 million won from the victim who is under his control, was delivered to him.
5. Two million won, and the same month;
8. 30 million won, 30 million won on the 10th day of the same month, 38 million won on the 12th day of the same month, 40 million won on the 15th day of the same month, 18th day of the same month, and 23 million won on the 13th million won on the 18th day of the same month, respectively, were remitted to the accounts in the above D name.
[Attachment 2012 Highest 356]
1. On September 14, 2010, the fraud Defendant called “F Licensed Real Estate Agent’s Office” and called “The extent of the fee for real estate is expected to be paid as interest while paying the principal within two months if the lessee borrowed the remainder.”
However, in fact, the defendant did not have any property and had no intention or ability to repay the debt even if he borrowed money from other creditors because he had already been liable for a large amount of debt.
The Defendant is identical to this.