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A defendant shall be punished by imprisonment for not less than two years and six months.
An application for compensation by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
[2012 Highest 5951] The Defendant established and operated a planning real estate company (State)D.
1. Around August 14, 2010, the fraud Defendant stated that “F” clothes stores operated by the victim C in Gangnam-gu Seoul, Seoul, stating that “it is necessary to establish and operate a planned real estate company and pay money with office rents and other business funds. If 100 million won is lent, the Defendant would pay interest of KRW 30 million and the principal up to the principal.”
However, in fact, the defendant had worked in the planning real estate company as a youth, but it was difficult to operate the company normally due to the lack of funds necessary for the operation of the company or the ownership of the defendant or the ownership of the corporation, and even if he received the operating funds from the victim, he did not have the intention or ability to pay the principal and interest within three months.
The Defendant, by deceiving the victim as such, was transferred KRW 50,000 from the victim’s foreign exchange bank account (Account Number: G) in the name of the Defendant on the day, and received KRW 27,000,000 in total from the same account on August 15, 2010.
2. The Defendant, at the same date and time as mentioned in the above paragraph (1) and at a place, agreed to give priority to the cost of acquiring the above land to the victim out of the purchase price that the victim C was awarded a successful bid of KRW 147,00,00 for KRW 147,00,00 by the Defendant’s investment recommendation. The Defendant purchased and sold the above land and agreed to give priority to the purchase price of the above land to the victim.
From September 7, 2010 to November 9, 2010, the Defendant sold the pertinent L land to M and received KRW 57,750,000 for the purchase price. On November 9, 2010, the Defendant sold the said K land to N and received KRW 52,50,000 in total for the purchase price, and kept KRW 110,250,000 for the victim.
Nevertheless, the Defendant is currently keeping the purchase price of each of the above land for the victim.