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A defendant shall be punished by imprisonment for three years.
The defendant 39,600,000 won against B who applied for compensation, and C who applied for compensation, 46,700.
Reasons
Punishment of the crime
The Defendant is a person engaged in the sales agency business, such as officetels, and the actual operator of K, a corporation, who sold 7th floor (H), and 14th floor (J) of the same Gu I building, in a small residential officetel from June 2009 to April 2010.
1. On June 5, 2009, the Defendant entered into a contract with L, the owner of the 7th floor of the said G building to purchase the said 7th floor at KRW 2 billion, and paid down payment at KRW 300 million, the Defendant commenced construction to replace the said 7th floor into a small residential officetel, and the said 7th floor was approved as an educational and research facility, without changing it for residential purpose, and recruited buyers, without changing it for residential purpose, to ensure that the above 7th floor is an urban-type residential house that can be registered by the said H as an urban-type residential house, and to display a newspaper, Internet advertisement, and to recruit buyers.
However, the above H site G cannot be changed to a residential purpose, such as a common house, according to the district unit planning guidelines for the new and new city area in Bupyeong-si, Jungcheon-si, Jungcheon-si.
Nevertheless, the Defendant, at around August 6, 2009, knew of the above circumstances in the first floor H sale office of the above G building, explained as if he could move into the H around October 2009 through an irregular sales agency and explained as if he could move into the victim B through the non-sale agency. Even if the occupancy was delayed, the Defendant guaranteed the rent of KRW 50,000 per month for one year from the scheduled date of the above, and entered into a sales contract with the above H6, and immediately received KRW 2,00,000 from B to the account in the name of K bank (O) for the down payment, and immediately transferred from B to the intermediate payment, etc., the amount of KRW 17,780,000 per month under the pretext of part payment, etc.
9. 17.17.19.8 million won was remitted to the above account and acquired a total of 39.6 million won, and the attached list of crimes Nos. 1. from around that time to March 8, 2010.