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A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
around April 8, 2009, the Defendant stated to the effect that “A music private teaching institute and a music private teaching institute set forth in 1.208 is shocked in a private teaching institute operated by the victim when entering the music private teaching institute,” and that “A music private teaching institute set forth in 208 at the Daegu-gu Office for Sale of Commercial Building, Daegu-gu, 201, the Defendant would receive a sales commission from the executive company on April 28, 2009, if he/she borrowed KRW 15 million for the cost of transfer registration of ownership set forth in 208 in the name of the sales commission for commercial buildings.”
In fact, the defendant did not receive 208 commercial buildings from the operator under the pretext of the sales fee, and even if he borrowed money from the victim, he did not have the intent or ability to repay it.
Nevertheless, on April 9, 2009, the Defendant, by deceiving the victim as above, obtained one cashier’s checks from the above commercial building sales office as borrowed money from the victim, and fraudulently acquired them from the victim.
"2011 Highest 2778" entered into a sales agency contract on condition that the Defendant would receive 4 to 8% of the total sales price in accordance with the sales performance from the company (ju)F and the Daegu Seo-gu apartment commercial building, while operating the sales agency (ju)E.
1. On February 11, 2009, the Defendant made a false statement to the victim G that the sale price for the above apartment building Nos. 303 104, 105, and 105 is KRW 420,000,000 in total,000,000,000,000,000. If the provisional contract amount is paid in KRW 40 million, the Defendant may enter into this contract with F until March 25, 2009.
However, in fact, the defendant presented the victim a higher selling price than the actual selling price, and received 40 million won as a provisional contract deposit, planned to acquire it as a defendant's fee, and received the money as a provisional contract deposit in F.