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Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Punishment of the crime
[2016 Highest 3444] The Defendant is a person who runs real estate brokerage business under the trade name, "D real estate," which is "D real estate," which is "D real estate," in Silung-si.
Around October 9, 2009, the Defendant made a false statement to the effect that “The Defendant would make a lot of profits if he lends the down payment amount of KRW 25,000,000 as necessary for the transaction without intermediate payment,” to the victim F, who operates “E Real Estate” in the Defendant’s office located in the Defendant’s office, to purchase and sell the 670 square meters of the Gyeonggi-gu Gyeonggi-gun H land at KRW 49,000,000,000 with the G, and that “I would make a lot of profits if I would lend the down payment of KRW 25,00,000 as necessary for the transaction.”
However, the Defendant did not intend to purchase the said H forest with G, and the Defendant planned to use the money received from the victim F as the down payment of the said H forest, instead of using the money as the personal debt repayment and living expenses, etc. The Defendant borrowed money from many people in excess of the debt due to the failure to perform the electric source housing business and repaid the debt by so-called “fluoring” method, so even if he borrowed money from the victim F, the Defendant did not have the intent or ability to reduce the profit, and did not have any intent or ability to repay the principal.
As such, the Defendant, by deceiving the Victim F, received KRW 25,00,000 from the Victim F to the foreign exchange bank account (J) in the Defendant’s wife from the Victim F, and received KRW 237,30,000 in total from around that time to May 13, 2010, together with KRW 81,00,000 in 11 occasions from the Victim F, as shown in the attached Table of Offenses, and received KRW 69,50,000 in total from the Victim F, and KRW 15,00,000 in total from the Victim G, and KRW 71,80,000 in total from the Victim L, five times in total, including KRW 237,30,000 in total.
[2016 Highest 4305] The Defendant is a person who runs a real estate brokerage business under the trade name of “Dreal estate” in the C Apartment commercial building in Si interest-si.
1. The Defendant committed a crime against the victim M.