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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[2017 Highest 1016] The defendant is a person who has worked as an assistant at a DNA certified broker office located in Seo-gu Incheon Metropolitan City, Seo-gu.
1. Around July 22, 2008, the Defendant told the victim E at the above D Authorized Brokerage Office that “the victim’s “the victim’s purchase of the Incheon Seo-gu G and 103, which is the F ownership, is 30 million won as the down payment.”
However, in fact, the Defendant continued to suffer losses due to the depression of the real estate market while working as an assistant broker at the above office, after purchasing real estate from investors and obtaining profits from resale by selling the real estate. Accordingly, the Defendant had been able to repay the investment amount in the way of preventing the return of the investment amount. The Defendant was able to use the said 30 million won for personal debt repayment, etc., so even if receiving KRW 30 million from the injured party, there was no intention or ability to purchase the said real estate from the injured party.
Nevertheless, the defendant deceivings the victim as above and acquired 30 million won from the victim's wife to the new cooperation account in the H's name, which is the defendant's wife.
2. Around August 10, 2008, the Defendant stated that “The Defendant would purchase the son’s loan located in the I redevelopment area at the victim E’s office at the above D Authorized Brokerage Office.”
However, in fact, the defendant did not have any intent or ability to purchase I's loans from the victim because he did not have any intent or ability to purchase the I's redevelopment area, even if he received money from the victim.
Nevertheless, the Defendant: (a) deceiving the victim and deceiving the victim on August 14, 2008; (b) around August 18, 2008, the amount of KRW 40 million to the new cooperation account in the above H’s name; (c) KRW 25 million to the same account around August 18, 2008; (d) KRW 23 million to the same account around August 27, 2008; and (e) around August 28, 2008.