A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On January 20, 2010, the Defendant was sentenced to two years of imprisonment with prison labor for fraud at the Suwon District Court for six months, and the judgment was finalized on January 28, 2010. On August 17, 2010, the Defendant was sentenced to two years of suspension of execution on August 25, 2010.

On June 15, 2009, the Defendant subscribed to the name of Seo-gu Incheon, Seo-gu, Incheon, for sale by lot, but won in the above apartment No. 101 and 1802 (hereinafter “the apartment of this case”), entered into a contract with D and E to sell the right of sale winning as above to D and E on the condition of receiving a premium of KRW 50 million, and D and E deposited KRW 5790,000 as the down payment on the same day into the account in the name of SK Construction Co., Ltd.

피고인은 2009. 6. 18.경 인천 부평구 F에 있는 ‘G부동산’ 사무실에서, 위와 같은 사실을 숨긴 채 피해자 H에게 “내가 C로부터 청약 통장을 샀으니 당첨된 분양권을 사라. 분양가의 10%인 5,579만 원을 계약금으로, 5,700만 원을 프리미엄으로 내면 매도하겠다. 하자 없는 물건이니 걱정하지 말라.”라고 거짓말하였다.

However, at the time of fact, the right to sell the apartment of this case was entered into a contract to sell the apartment of this case to E, and E was extremely weak whether to sell the right to sell the money in the name of the down payment to SK Construction Co., Ltd., and it was thought to be used for the purpose of paying the money to the victim. At the time, there was no intention or ability to sell the right to sell the apartment of this case to the victim or return the money received from the victim.

The defendant deceivings the victim as above, and is in the same name as sales right deposit and premium from the victim.