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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On April 2009, the Defendant, at the office of the preceding F Judicial scrivener in Yangcheon-gu Seoul Metropolitan Government, stated that “The Victim G is performing the construction of the Haak House in Chungcheongnam-gu in Yangcheon-gu in Seoul, and it is necessary to conclude the construction fund, if it is lent 50,000 won of bonds, paid directly the interest on the bonds, and repaid 60,000 won by adding 10,000 won of the profits within three months after the completion of the construction, and would make a contract for the sale of the apartment house as security to secure the obligation.” The Defendant, at the office of the preceding F Judicial scrivener in Yangcheon-gu in Seoul, provided that the said contract for the sale of the apartment house in question,
However, after completion of construction works within three months due to lack of financial capacity at the time, the Defendant was not capable of paying KRW 60 million to the victim, and the Defendant received two copies of the sales contract from the I and J, the building owner of the said apartment house, stating the object as a disturbance for the existing construction price, as the substitute for the existing construction price, and delivered one of them to the victim as above. However, on October 6, 2009, the Defendant lost the sales contract to the above I, etc.
Along with the false end, two copies of the sales contract for the above row housing No. 201 and 301 were received and provided as security to others, and there was no intention or ability to offer security to the victims normally.
Nevertheless, the defendant deceivings the victim as above and obtained 50 million won from the victim and acquired it by fraud.
2. The defendant around January 24, 2010, at a restaurant located in the New-dong, Yangcheon-gu Seoul Metropolitan Government, "the defendant will complete the construction within 1-2 months of the total amount of KRW 11 million of the construction cost of the other day which has not yet been paid on behalf of the victim, and will complete the construction within 1-2 months of the payment of the pre-existing debt and repay the total of KRW 71 million of the pre-existing debt," and the defendant of the sales contract for 101 of the pre-established apartment house operated by the victim.