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A defendant shall be punished by imprisonment for one year.
Reasons
Criminal facts
The defendant is a real estate intermediary, and the victim C requested the defendant to sell and purchase real estate over several occasions, and the defendant did not have any intention or ability to pay a large amount of money, even if he/she borrowed money from the victim due to no certain income or special property.
Nevertheless, the Defendant, through a series of real estate transactions, made a false statement to the victim who requested the purchase and sale of the D Station underground, stating that “I will pay back the purchase and sale price to the victim who was requested to buy and sell the D Station,” with the intention of using it as personal debt repayment, etc.
1. Around February 10, 2007, the Defendant, who was requested to trade under 40 DNA markets, the victim’s owner, and the victim, saying, “If the Defendant sold 40 underground markets and borrowed KRW 15 million out of the purchase price received, he/she shall be paid up until December 30, 2007.”
Accordingly, on May 3, 2007, the Defendant, by deceiving the victim as above, appropriated the purchase price of KRW 15 million out of the purchase price to be paid from the above E, the purchaser, for the Defendant’s repayment of the existing debt to the above E, thereby acquiring property benefits equivalent to the same amount.
2. On July 27, 2007, the Defendant made a false statement to the victim that “A person who was requested to trade Diplomatic Underground Prize No. 97, the victim, and the victim that “A person would complete payment not later than December 4, 2007, if the purchase price under 97 is leased.”
Accordingly, the Defendant, by deceiving the victim as above, was issued a cashier’s check with KRW 90 million under the name of the victim as borrowed money from the same day.
Summary of Evidence
1. Partial statement of the defendant;
1. Each testimony of C, F, E, and G;
1. Copies of the interrogation protocol of the prosecution against F, H, and E;
1. Application of Acts and subordinate statutes on a loan and a real estate sales contract;
1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense;