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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The Defendant, a working person in Gwangju City, who works in D, E, and F, directly purchased and directly develop Gwangju City G, H, I, and J land (hereinafter “construction site”) from the main owner of the original land in Gwangju City, and had waived it and concluded a contract to sell the relevant land to the victim K, L, M, and N, and attempted to acquire the price for the share of the said road site by taking advantage of the fact that in order to construct the relevant land and undergo a completion inspection, the Defendant should purchase the road site and contribute it to Gwangju City and seven lots (hereinafter “road site”) and receive the price for the share of the said road site.
1. On August 24, 2017, the Defendant represented the victims at the C Office located in Gwangju-si, Gwangju-si on behalf of the victims.
P and Q concluded a sales contract for the instant road site with victims by stating that “First of all, 171 square meters for total 171 square meters of a road site shall be paid 50,1500,000 won as down payment and intermediate payment, and if the balance is paid on the completion date of the road, it shall be registered as the transfer date of ownership.”
However, in fact, even if the victims receive down payment and intermediate payment due to the purchase and sale of a road site from the victims, they planned to use the road site price for the original owner of the land without paying it as the price for the road site for the original owner of the land, and at the time, the defendant did not have any specific property or income and there is no other obvious method to pay the price for the road site to the original owner of the land, so there was no intention or ability to transfer the ownership of the road site
The defendant deceivings the victims as above and received 50,000,000 won for each victim's own account in the name of the defendant, etc. as the down payment from the victims, and acquired 26,000,000 won in total.
2. The Defendant borrowed the victims of R in Gwangju City on May 28, 2018.