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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On July 25, 2012, the Defendant was sentenced to six months of imprisonment for fraud at the Suwon District Court, and completed the execution of the sentence on September 29, 2012.
From January 2013, the Defendant had been willing to receive money from the victim C to receive the appraisal report when paying the appraisal cost to the victim while continuing contact with five lots of land located in Gyeonggi-gun D, which is the victim owned by the victim.
1. Around May 15, 2013, the Defendant made a false statement to the victim that “a loan to the maximum amount of KRW 2.2 billion has been possible. Where sending an appraisal cost of KRW 10 million, the Defendant would send an appraisal report within 2-3 days.”
However, there was no basis that E is able to receive an appraisal report within two to three days since E is merely a brobeer, not a certified public appraiser, and there was no intention or ability to prepare an appraisal report at a price higher than a general appraisal price.
The Defendant received 10 million won from the victim to the bank account in the name of the Defendant in the name of the victim for appraisal expenses on the same day.
2. Around June 7, 2013, the Defendant, at the Defendant’s office located in Gangnam-gu Seoul Metropolitan Government F building 901, explained that the written appraisal report was almost complete and explained to the above victim as if the written appraisal report was completed, the Defendant prepared the written appraisal report at a price higher than the general appraisal price. If sending KRW 23 million, the written appraisal report can be completed and the loan can be received.
However, there was no intention or ability to prepare an appraisal report even if it is required for additional expenses.
The defendant, as a result, has the victim transfer KRW 23 million from the victim to a corporate bank account in the name of G (H's H') designated by the defendant in terms of appraisal costs for the same day, thereby H.