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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The Defendant, from around 2011, is a private person (ju) performing the “G Officetel” construction in Yeongdeungpo-gu Seoul Metropolitan Government F, and is in charge of the overall duties of the said Officetel construction at H.
The Defendant stated that, around December 13, 2013, at the KH office located in Yeongdeungpo-gu Seoul Metropolitan Government, the victim J “(State) is the executor of Gtel, and the executor is the owner of the house, and the same as the owner of the house. However, if the Defendant deposits the remainder other than the down payment and the first intermediate payment at the H account at a discounted rate of 30% of the remainder, excluding theme, the down payment and the first intermediate payment, that it would be possible to complete the registration and complete the occupancy until March 2014.”
However, in fact, since the authority to sell an officetel at the time was in the Asia trust, the defendant had no authority to sell discount to the victim at will, and the above officetel cannot be sold unless the sale price is deposited in the Asia trust, the defendant used the officetel as business expenses of the company, and there was no other profit from the victim, and there was no ability or intent to allow the victim to move into the above officetel until March 2014.
Ultimately, the Defendant deceiving the victim as above and appears to be “P” as stated in the indictment in light of the K evidence record, which is the victim’s spouse, in light of the account under the name of H on the same day from the victim (state). The correction without any changes in the indictment does not seem to substantially obstruct the Defendant’s exercise of the right to defense. Accordingly, the correction ex officio is made.
16,684,500 won under the name of sale price for the above officetel 1006 from the account in the name of the account in the name of the victim, and 116,684,500 won under the name of sale price for the above officetel 1001 from the account in the name of the victim's fraudulent name on December 18, 2013.