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Defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
On January 31, 2007, the Defendant, at the Defendant’s office located in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant apartment”) located in Gangnam-gu, Seoul, could sell 45% of the normal selling price to the victim C at a level of 45% compared to the unit selling price in the apartment unsold in Gangnam-gu Seoul (hereinafter “instant apartment”). The Defendant has already been prepared for the purchaser. First of all, the Defendant loaned the amount of KRW 120,000 to be used as the agreed deposit, 150,000 won by adding profits to the amount of KRW 10,000,000,000 to the amount of KRW 201 or 402 from among the instant apartment units 201 or 402 to the amount of KRW 45% compared to the normal selling price.
However, the Defendant did not have any particular property or income at that time, and most of the Defendant thought to use the apartment at the Defendant’s office expense, etc. even if receiving money from the victim, there was no intention or ability to repay the principal and interest as promised by the victim, or to sell the apartment at the level of 45% compared to the normal sale price.
The Defendant, as such, by deceiving the victim, received delivery of KRW 10 million from the victim around January 31, 2007, and KRW 110 million around February 1, 2007, including KRW 120 million.
Summary of Evidence
1. Defendant's legal statement;
1. F and C statements among the interrogation protocol of the accused prepared by the prosecutor;
1. Part C and G of the second protocol of interrogation of the police officer as to F prepared
1. Application of Acts and subordinate statutes to each cashier's checks, copies of cash custody certificates (Evidence List Nos. 6, 7), list of E- Apartments, and register of the register;
1. Relevant legal provisions for criminal facts, Article 347(1) of the Criminal Act for the choice of punishment, sentencing guidelines for sentencing of imprisonment: Fraud, general fraud, type 2 (at least KRW 100,000, less than KRW 500,000), basic area, and one-year imprisonment with labor for a considerable period of time from the instant case, but at all the amount of damage.