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A defendant shall be punished by imprisonment for two years.
The defendant will pay 50 million won to the applicant through fraud.
Reasons
Punishment of the crime
[criminal records] The Defendant was sentenced to a two-year suspended sentence of imprisonment for fraud at the Seoul Northern District Court on November 28, 2014, and the said judgment became final and conclusive on December 6, 2014, and is currently under suspended sentence.
[2] The defendant is a representative director of the Daegu Dong-gu D (hereinafter referred to as the "this case's project site") who is a company that carries on a complex apartment and officetel implementation project in the main place of business in the Daegu Dong-gu D (hereinafter referred to as the "Dong-gu").
1. Fraud against victim F;
A. On September 2, 2010, at around 14:00, the Defendant: (a) concluded a contract with a cultural enterprise (ju) around September 2, 2010 with the victim to purchase scrap metal at the company office located in Gangnam-gu Seoul Metropolitan Government GG Building 205; (b) the Defendant was unable to pay the remainder of 7.5 billion won in land; and (c) the Defendant secured only 81% of the site of the instant project due to the failure to pay the remainder of 7.5 billion won in land; and (d) the Defendant was unable to proceed with the instant project site due to the failure to conclude the contract with another contractor after the failure to pay interest to the contractor; and (e) concluded the contract with the victim on June 4, 2010, despite the lack of the victim’s intent or ability to reduce the right to purchase scrap metal at the site of redevelopment, the Defendant changed the victim’s right to purchase scrap metal at KRW 17.7 billion in the site of redevelopment at KRW 10 million.
The Defendant received 100 million won in cash from the injured party, i.e., the Defendant received money from the injured party, and around September 13, 2010, transferred KRW 30 million to the bank account in the name of the Defendant’s wife, and KRW 40 million to the same account around September 15, 2010.
Accordingly, the defendant was given property by deceiving the victim.
B. On October 7, 2010, the Defendant made a false statement to the victim that “it is necessary to obtain more business funds, and it shall be repaid upon the progress of the project,” despite that the Defendant was in a situation where it is difficult to proceed with the project in the instant project site, such as the foregoing paragraph (a).”
The defendant, who belongs to this, is seven million won from the injured party to the same account around October 7, 2010.