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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
"2015 Highest 7041"
1. Fraud;
A. On July 24, 2012, the Defendant made a false statement to the Real Estate Development Business Co., Ltd. D office operated by the Defendant on the nine floors of the Daegu Suwon-gu building C, the Defendant purchased KRW 300 square meters of F forest land in Ulsan-si, Ulsan-si, in KRW 105,00,000, KRW 210,000, which is 2 times a year after July 1, 2012, the Defendant made a false statement to the victim E.
However, even if the Defendant received the investment money from the injured party under the above name, the Defendant was trying to use it as the employee’s pay, office operating expenses, and rent, etc., and did not have the intent or ability to pay the said agreed investment proceeds to the injured party.
As such, the Defendant, by deceiving the victim, received 5,000,000 from the injured party for the same day as investment money, and received 97,900,000 won from the above office on July 30, 2012 and acquired 102,90,000 won in total under the same name.
B. As stated in the above paragraph 1, the Defendant: (a) received money in the name of investment in the said forest from the damaged person; and (b) demanded the victim to request the registration of transfer of ownership to the said real estate as a security; and (c) did not transfer the said forest to another person within three months, the Defendant paid taxes, such as acquisition tax, etc.; and (d) did not transfer the said forest to another person; (b) on October 2012, 2012, the Defendant made a false statement to the victim at the above office that “I would make an additional payment of KRW 405,000,000,000,000 for purchase of KRW 315,00,000 in addition to the said forest.”
However, the defendant did not have the intent or ability to pay the agreed investment profits to the victim as described in the above paragraph 1.
The Defendant, as such, deceiving the victim, thereby making investments from the victim, around October 8, 2012.