A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On April 23, 2015, the Defendant made a false statement to the effect that “If the Defendant borrowed the sales price that falls short of purchasing office 649, 949, or 950 for officetels 649, 949, or 950, the Defendant would receive the monthly rent deposit and immediately pay the value-added tax in return for the refund of the value-added tax.”

However, even if the defendant borrowed money from the victim F (the age of 57) introduced through the above E, he did not have the intent or ability to repay the money.

Around April 24, 2015, the Defendant, by deceiving the victim, received KRW 43,478,886 from the victim, to the Suhyup Bank account (H) in the name of G, a certified judicial scrivener in charge of the sale of officetels from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The police interrogation protocol of the accused (including the substitute part);

1. The police statement concerning F;

1. Documents related to sale, such as text messages, delegation contracts, contracts for the transfer of rights to value-added tax, photographs, and contracts for the supply of officetels to the defendant;

1. In the following circumstances, the investigation report (specific description of the amount of damage), investigation report (examination of the amount of damage), the defendant and his defense counsel did not deceiving the victim because the defendant did not have any fact that he had any contact with the victim, and the defendant permitted the personal use of the value-added tax, and the defendant's lease of the officetel to another person because the defendant did not lease it and the defendant did not have any intention to obtain fraud because it was merely leased the above officetel at the intermittent value. Thus, the defendant argued that there was no intention to obtain fraud by taking into account the evidence duly adopted and investigated by the court, and the following circumstances: ① E shall pay the defendant the insufficient amount of the sales price to the defendant, but the sale of the value-added tax or the above officetel shall be refunded to the defendant.