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A defendant shall be punished by imprisonment for not less than one year and six months.
Of the facts charged in the instant case, each fraud against the victim D, E, and F is committed.
Reasons
Punishment of the crime
"2013 Highest 232"
1. The Defendant, around June 2, 2009, intended to sell the 4th floor “I” multi-family house on the H of the H of the G of the G of the G of the G of the G of the G of the G to the victim G for the purchase price of KRW 380 million. On June 2, 2009, the Defendant received KRW 5 million on June 2, 2009 from the victim J, who is the husband and the actual purchaser of the said G, for the purchase price, KRW 25 million on June 3, 2009; KRW 20 million on June 10, 2009; and KRW 70 million on June 19, 2009.
However, after the payment of some of the purchase price was made, the Defendant and the victims cancelled the above purchase and sale contract on the grounds of the nonperformance of conditions, such as defect repair of the above multi-family house, and reduced the purchase price to KRW 365 million, and instead, the victim J agreed to conclude a new purchase and sale contract by paying the Defendant an additional amount of KRW 8 million as the purchase price, and the Defendant received eight million additional payment from the victim J on September 3, 2009 as the purchase price.
2. The criminal defendant, around September 15, 2009, entered into a new contract to sell the above multi-family house to the victim G at the office of "L Licensed Real Estate Agent" located in the Gandong-gun, Gandong-gun, and the previous contract to substitute the purchase price paid for the purchase price for the new contract. The new contract to sell the above multi-family house is that the purchaser succeeds to KRW 170 million and the contract deposit is paid at the time of the contract, and the contract deposit is paid KRW 36 million on condition that the above purchaser takes over the total deposit amount of KRW 36 million for the above 8 household unit of multi-family house, and the remainder of KRW 50 million shall be paid on September 16, 2009, and the remainder of KRW 59 million shall be paid on September 15, 2010."
However, the defendant newly concluded a sales contract for the above multi-family house at the time, and "this multi-family house has a total amount of 36 million won in this case.