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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a person who has been engaged in real estate brokerage business.
1. On May 10, 2010, the Defendant, who committed the crime of May 10, 2010, made a false statement to the victim D, who was around Cbank located in Seocho-gu Seoul Metropolitan Government, stating that “I will sell real estate and pay the proceeds therefrom if I borrowed only five million won as the down payment is required.”
However, even if the defendant borrows money from the victim, the defendant did not purchase real estate and use it for the short time, but did not have any intention or ability to repay the money even if he borrowed money from the victim for the cost of living.
As above, the Defendant, by deceiving the victim, received 5 million won from the victim to the account in the name of foreign exchange bank (F) in the same day from the victim’s wife E on the same day.
2. On August 23, 2011, the Defendant committed the crime of August 23, 2011, in front of the Gangnam-gu Seoul Seoul Metropolitan Bank, and the Defendant, even if having borrowed money from the victim D, was thought to use it as the cost of living. However, the Defendant made a false statement to the victim stating, “If the Defendant lends the down payment necessary for selling real estate, he would return the real estate, and would pay the proceeds therefrom.” The Defendant acquired the money from the victim to the above foreign exchange bank account in the name of the Defendant E’s father on the same day.
3. On September 29, 2011, the Defendant committed the crime of September 29, 201, the Defendant: (a) borrowed money from the victim D; (b) on September 29, 201, the Defendant took a false statement stating that “If he/she borrowed money from the victim D, he/she would return real estate and pay the proceeds therefrom if he/she would lend the down payment necessary for selling the real estate, he/she would return the real estate.” (c) On the same day, he/she acquired the money from the victim to the said foreign exchange bank account under the name of the Defendant E in the name of his/her father on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Each police officer against the defendant.