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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[Criminal Justice] On February 13, 2009, the Defendant was sentenced to four months of imprisonment for fraud at the Changwon District Court on February 13, 2009 and completed the execution of the sentence on June 19, 2009.
【Criminal Facts】
1. On March 20, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) concluded a contract with the victim and a real estate sales contract with the victim on the following grounds: “The victim, in the office of the victim D in Kimhae-si, Kim Jong-si, would be able to purchase the land of 1,500 square meters (E, F, G, H, I, J, K, and 7 parcels; hereinafter “instant land”). The Defendant obtained the consent to use the instant land from the props of the instant land. If the purchase price of the land is paid in KRW 1.275 million, the Defendant would complete the civil works and the permission to establish a factory within 60 days after the contract.”
In addition to these decisions, the above real estate sales contract is referred to as "the instant real estate sales contract".
However, in fact, since the owner L of F land clearly expressed his intention to refuse to sell the instant land to the Defendant, it was impossible for the Defendant to issue a permit to purchase the instant land and establish a factory to the victim even if the purchase price was paid from the victim. Furthermore, the Defendant was thought to consume the purchase price received from the victim as well as the purchase purpose of the instant land and the purchase fund of neighboring land that the Defendant planned to develop.
As such, the Defendant, by deceiving the victim and receiving KRW 120 million from the victim’s bank account in the name of the Defendant on the same day, by transfer from around that time to May 3, 2012, received total of KRW 830,000,000 from the victim four times, as shown in the attached Table Nos. 1 to 4, 2012.
The prosecutor shall commit the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) stated in Paragraph 1 of Article 2 of the original decision.