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Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Punishment of the crime
1. Around November 8, 2017, the fraud Defendant stated that “A victim D who was aware of the fact that he was attending the marina shop in front of Dongdaemun-gu Seoul Metropolitan Government, was punished by a lot of money by auction on land and building for the domestic construction business. The purchase of the Dongdaemun-gu Seoul Party E land and attempted to lease the studio. If 200 million won is leased, the Defendant first purchased the E land and then registered the share at the rate of KRW 200 million out of the total purchase price, and if the income accrues from the lease of the said land, he/she would give profits equal to the shares.”
However, in fact, the Defendant purchased the land and did not have any funds to construct the studio building. From April 2017, the Defendant had been constructing the 4thudio in Dongdaemun-gu Seoul, Dongdaemun-gu, and was unable to pay the studio for the construction cost. The Defendant attempted to use the money received from the victims as payment of the construction cost in another field, lending funds for the operation of the company of the same generation, the Defendant’s purchase of the land, and thus, there was no intention or ability to pay the profits after impairing the ownership registration or constructing the studio
Nevertheless, on November 9, 2017, the Defendant, by deceiving the victim as above, was delivered KRW 200,000 to the post office account under the name of the Defendant to the victim.
Accordingly, the defendant was given property by deceiving the victim.
2. When the Defendant received money from D as above, but did not harm the registration of shares in land and buildings, and thus demanded D to verify whether to purchase land and to return borrowed money over several times, the Defendant thought that F had claims against D, with the intent of delaying repayment of debt.
Accordingly, the defendant around April 7, 2019, using a testing tool in the paper G H and A4 of the Gyeonggi-gu Gyeonggi-si, Gyeonggi-do, and a testing instruments: Seoul Dongdaemun-gu, and resident number E: I, name, and F (person).