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A defendant shall be punished by imprisonment for a term of one year and four months.
The defendant pays 40,000,000 won to the applicant for compensation by deceit.
3.2
Reasons
Punishment of the crime
[criminal power] On June 17, 2009, the Defendant was sentenced to three years and six months of imprisonment in Seoul High Court for fraud, etc., and was released on May 9, 201 during the execution of the sentence in Ansan prison, and the parole period passed on November 26, 201.
【Criminal Facts】
The defendant is the actual operator of D Co., Ltd.
"2012 Highest 1384"
1. Around January 11, 2012, the Defendant against the victim E made a false statement to the victim in D’s office, “The building is being completed within 3-4 months from G to 7 urban-type residential housing. The building will be sold within 10 million won in the form of down payment and return 12 million won as well as 2 million won to others within 2 months,” at the victim’s office operated by the Defendant, Co., Ltd., Ltd. (F208 at P., Ltd.). The Defendant drafted a sales contract for 102 Dong 301 for the purpose of collateral.
In other words, the victim transferred 10 million won to the Industrial Bank of Korea (H) account in the name of D Co., Ltd. at his seat.
However, at the time, the Defendant had not obtained permission for a house under construction, and the construction was carried out only with investment funds in almost little without his own capital, and the 102-dong 301 house for the purpose of security had already been sold to others. Therefore, even if the above money was received from the victim, there was no intention or ability to return it with the interest on resale within two months.
Accordingly, the defendant deceivings the victim, thereby deceiving 10 million won.
2. On January 19, 2012, the Defendant against the victim I made a false statement to the victim in the office of D Co., Ltd. run by the Defendant F 208 on January 19, 2012, stating that “A building is being completed within 3-4 months from G to 7 urban-type residential housing, but the building will be sold to another person within 2 months in the form of down payment and return 16 million won as well as the resale interest and 3 million won.”