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Defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
"2018 Highest 461"
1. The defrauded Defendant, through B and C, delivered a business plan, (State) financial advisory agreement, financial undertaking, the letter of intent to participate in G (State) business, design drawings, etc. to the business directors E of the victim (State) through G and C, and then delivered the said E at the “I” coffee shop located in Gangnam-gu Seoul Metropolitan Government on January 20, 2017, and (b) “W will be newly built in the Republic of Korea in the Seoul Special Metropolitan City, Gwangju.”
(State) D’s designation as a sales agent and payment of KRW 3.5 million per household for apartment units, commercial buildings shall pay KRW 300,000 for sales commission, and KRW 70,000 for sales agency services shall be paid KRW 300,000 for sales commission. The project deposit shall be used for new construction of model housing units for sales of the above apartment units, and shall be returned with KRW 150,000,000 for penalty within 15 days from the date of the request for return if the project implementation plan is not approved by April 30, 2017.
Around the 25th day of the same month, the representative director M and E of the victim (State) D at the same place and entered into a sales agency service contract for the same contents as above.
However, in fact, the statement of financial advisory agreement and financial undertaking, G (State) participation in the project is only a document with no validity, and the defendant and the (State)J did not have any intent or ability to select the victim as a sales agent, and the defendant had already already been liable for the personal debt amounting to KRW 300 million and had no intention or ability to use the amount to be received from the damaged person as a deposit for the project.
Nevertheless, in such a way as above, the victim (state)D is deceiving, and it is in the name of the J (State) that 200 million won on the date of conclusion of the contract as the business deposit under the above contract for sale by proxy from the damaged person.