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A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant shall pay 267,200,000 won as agreed upon to the applicant for compensation.
Reasons
Punishment of the crime
From December 2, 2006, the Defendant is a director of corporation D (Representative E) for the purpose of selling real estate in Silung-si from around December 2, 2006, and from January 2, 2008, the Defendant is a person who has been engaged in the business of raising funds of the said company as the managing director of corporation G (the changed name of corporation D, the representative director E) for the purpose of selling real estate in Seoul Jongno-gu Office 604.
1. 209 highest 6009;
A. A. Around December 20, 2007, the Defendant concluded a sales agency contract with L(Representative M) Co., Ltd. which is scheduled to acquire the right of sales agency for the Jung-gu Seoul Metropolitan Government K shop from D to February 28, 2008 at the office of the I Co., Ltd., the victim in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, concluded a sales agency contract with the damaged company and K shop on the face of KRW 100 million as the down payment, and the down payment shall be returned on February 28, 2008, which is two months after the date, and the down payment shall be paid 0.5% of the sales agency fee as the sales agency fee.”
However, from February 28, 2008, there is little possibility that the Defendant would acquire the right to sell the K store on behalf of the company L until February 28, 2008, and the Defendant was not delegated with the authority to conclude the sales agency contract with the damaged company E, which is the representative director of D, and D did not have any particular profit and property, such as the failure to seek office rent due to the lack of monthly rent of KRW 00,000,000, there was no particular property, and the Defendant did not have any intent or ability to return the down payment until February 28, 2008.
Nevertheless, the Defendant made a false statement as above, and received 10 million won from the damaged company on December 20, 2007, under the name of the contract deposit for sale in lots. On December 21, 2007, the Defendant received 23.5 million won from the passbook in the name of the Defendant, and 66.5 million won in total from the passbook in the name of the Defendant’s Dong resident bank (Account NumberO).