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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
[criminal power] On December 29, 2008, the Defendant was sentenced to 8 months of imprisonment for fraud and 3 months of imprisonment for embezzlement at the Incheon District Court, and completed the execution of each of the above punishment on January 6, 2009.
【Criminal Facts】
around April 14, 2012, the Defendant made a false statement to the victim D, who was aware of it in front of the Incheon District Court in Nam-dong, Incheon, Nam-gu, Incheon, stating that “The money is necessary to engage in real estate brokerage. If the money is lent, it will be repaid after this mold.”
However, in fact, the defendant was not 30 million won with personal debt with bad credit, and there was no certain income, so even if he borrowed money from the victim, he did not have the intention or ability to pay it.
Accordingly, the Defendant, as seen above, by deceiving the victim as above, received KRW 1 million in cash from the victim, namely, from the victim to September 29, 2012, by deceiving the victim by the same method from around that time to September 29, 2012, and received a total of KRW 10,70,000,000 in total nine times, such as the annexed list of crimes.
[Judgment of the court below] Around May 31, 2010, the defendant completed the registration of ownership transfer on the apartment of this case in the name of the victim around May 31, 2010, on the following grounds: (a) the defendant visited the victim G who intends to dispose of the non-indicted 501 commercial building F.501 commercial building (hereinafter “the commercial building of this case”) outside Geumcheon-gu Seoul, Geumcheon-gu, Seoul, to exchange the victim with H apartment No. 103 Dong 501 (hereinafter “the apartment of this case”) in Seoul, Nam-gu, Incheon, which is owned by the building of this case; (b) additional 65 million won shall be paid, and (c) the right to collateral security established on the apartment of this case shall also be resolved. However, the defendant completed the registration of ownership transfer on the apartment of this case in the name of the victim on the ground that he did not cancel the right to collateral security established on the apartment of this case, which led to the cancellation of the exchange contract of this case.