Text
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
[2017 Height 330] On December 11, 2013, the Defendant called the victim C at a fluorous place, and called the victim C, “There is a shopping mall set up on the D side. In order to exchange this commercial building with water, it is necessary for the Defendant to use it as a brush store owned by the fluor, and to use it as a brush, in addition to a brush fluor and a brush fluor, a lot of land which
In order to send the down payment to the land, the land was contracted and the real exchange with D commercial buildings was made after one month.
However, the defendant had no intention or ability to purchase Cheongdo land or to exchange D commercial buildings, and the victim was thought to use money for personal purposes, such as office expenses, if he/she sent money.
The Defendant, as such, by deceiving the victim, received KRW 3 million from the victim to the national bank account under the name of E under the same day as the contract deposit for land and commercial buildings from the victim, and obtained the total sum of KRW 24 million from five times until February 19, 2014, such as the list of crimes in attached Table 1.
[2017 Highest 4592] On April 16, 2015, the Defendant would allow the victim to exchange three-storys and those who suffered damage with the third-storys and three-storys in Gangnam-gu I in Seoul, Gangnam-gu, Seoul, with the victim G in H Mart operated by the victim G located in Jung-gu, Seoul.
The phrase “assumed down payment” was “assumed.”
However, the defendant did not have any relationship with the owner of the real estate subject to exchange, and did not have been delegated with the authority of disposal, etc., and there was no procedure for this, so it was not clear whether the defendant would be able to conclude the exchange contract even if he received money from the injured party, and the money received from the injured party was considered to be appropriated due to insufficient living costs, etc.
The Defendant, by deceiving the victim and receiving one million won in cash from the damaged party, shall be stated in the indictment of KRW 9.1 million in total over 11 times, such as the statement in the list of crimes in attached Form 2.