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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. On September 23, 2015, the Defendant displayed a purchase-type sales agency agreement on June 30, 2015 that he/she was delegated by F to the victim E with the 54 households and the 23 rooms of Seoul, Nam-gu, Incheon, the company owned by the Defendant at the D real estate office located in Gwanak-gu, Seoul, Seoul, the purport that “In addition, it would exchange the 46 million won of the Incheon, Seo-gu, Incheon, which is the party owner, with the 606 officetels.”
However, on June 30, 2015, the Defendant entered into a contract with the foregoing company to purchase the said officetel 54 households and the said officetel 23 rooms in KRW 10.7 billion. The first down payment KRW 200 million until July 15, 2015, and the second down payment KRW 300 million until July 31, 2015, and the remainder KRW 10.2 billion until July 31, 2015, but there was no intention or ability to transfer the said officetels due to the lack of intent or ability to pay the said price.
Nevertheless, the Defendant, as if he/she had the intent or ability to transfer the ownership of the above officetel 606, made a false statement to the victim as above, and acquired KRW 10 million on September 23, 2015 from the damaged person to the agricultural bank account in the name of the Defendant, and acquired KRW 20 million on April 27, 2016, respectively.
2. On March 24, 2016, the Defendant told the victim J to the effect that “The above Gtel 12 rooms will be sold for KRW 600 million,” indicating a purchase-type sales agency agreement as stipulated in paragraph 1, at the office of sales in the Nam-gu Incheon Metropolitan City Office of an officetel.”
However, the defendant did not have the intention or ability to move 12 rooms of the above officetels on the same grounds as the statement in paragraph 1.
Nevertheless, the Defendant, as if the Defendant had the intent or ability to transfer the ownership of 12 heading rooms on the 2nd floor of the instant officetel, makes a false statement to the victim, and such false statement is made in the name of the Defendant on March 24, 2016.