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Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Punishment of the crime
On October 2013, the Defendant: (a) purchased F (2,316 square meters) and G (1,580 square meters of land (1,580 square meters of land in this case) in the office of the victim D Co., Ltd. located in Changwon-si, Changwon-si; and (b) purchased KRW 1 million per 3.3 square meters of land (1,00,000 square meters of land) which is suitable for the construction of apartment units from the victim Co., Ltd., Ltd.; (c) however, the Defendant said to the effect that the Defendant: (a) purchased the land in this case from the victim D Co., Ltd., Ltd., the actual operator of the victim Co., Ltd., Ltd.; and (d) purchased the land in this case; (b)
However, in fact, the Defendant decided to purchase the above F at KRW 60 million per 3.3 square meter (total purchase price of KRW 420 million), and at KRW 7.3 square meters per 3 square meters for G ( KRW 380 million), and the purchase price of the instant land was not KRW 1 million per 3.3 square meters. Since the Defendant prepared a contract with a higher purchase price in order to raise funds at the victim company, it was in a state of having obtained the consent to refund KRW 370 million, which is the difference between the actual sale price and the actual sale price, and thus, the Defendant was thought to have taken the difference.
On October 17, 2013, the Defendant: (a) by deceiving the victim company; (b) drafted a resale agreement with the victim company to resell the instant land in KRW 1 million per 3.3 square meters; (c) had the victim company, who had been suffering from such mistake, enter into a sales contract with the owner of the instant land on October 31, 2013 at a price of KRW 1.177 million per 3 square meters; (d) had the victim company enter into the sales contract with the owner of the instant land on the same day; and (e) wired the instant land to the owner of the instant land on November 21, 2013; and (e) received KRW 370 million from the owner of the instant land on November 21, 2013 (1.1 billion won and KRW 88 billion (2 billion in total) and the amount of KRW 88 billion from the victim’s defrauded.
Summary of Evidence
1. Partial statement of the defendant;
1. Each of the witnesses H, E, and I.