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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
"2013 Highest 2464"
1. On May 18, 2006, the Defendant, at the victim H’s house located in Seodaemun-gu Seoul Metropolitan Government, presented to the victim a letter of agreement to the effect that “Around May 18, 2006, J Sports Center in Seodaemun-gu, Seoul, entering a public auction, entering the said sports center, which has a large amount of money when acquiring the said sports center through a public auction, may take over it through a public auction. When acquiring a limited real right from K Co., Ltd. which has a limited real right to the said sports center, the Defendant may have a leading right in a public auction. The Defendant agreed from K Co., Ltd. to take over the limited real right to the said sports center, and prepared an agreement to take over the limited real right to the said sports center, and this would change the down payment of KRW 40 million.”
However, in fact, the above agreement was forged by stealing the name of the representative director of KK corporation, and there was no agreement to acquire the limited real right from K corporation and there was no intention to acquire the above limited real right.
As above, the Defendant, by deceiving the victim, received 40 million won as down payment from the victim, i.e., the victim, and acquired it by fraud.
2. On May 19, 2006, the Defendant introduced Ma, who is a son, to be a N corporation, and introduced Ma, who is a son, to sit together with the victim, and then proposed an agreement to the effect that “When acquiring the limited real right from the NN corporation that has the limited real right to the J Sports Center, the Defendant may have the leading right in the public auction. It has agreed to acquire the limited real right from NN corporation and prepared an agreement to take over the limited real right, which shall change the contract deposit to KRW 40 million.” The Defendant presented a written agreement to acquire the limited real right from NN corporation to the victim.
However, the above agreement is in the name of the representative director of N Co., Ltd..