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A defendant shall be punished by imprisonment for two years.
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
[Criminal Power] Around April 12, 2012, the Defendant was sentenced to a suspended sentence of 2 years for criminal fraud at the Seoul Western District Court for 8 months, and the said judgment became final and conclusive on September 12, 2012.
【Criminal Facts】
1. The Defendant, who entered D (hereinafter “D”) around September 2006 and was in charge of customer counseling, conclusion of a contract, and management of land status by promoting to the managing director around July 2007, to the head of the department around July 2008, the head of the office around July 2008, and the managing director around springing around 2010, is a person who actually operated the said company as the president of D, a real estate company.
2. Fraud against victim F;
A. On September 25, 2009, the Defendant acquired the purchase price of 100 square meters among the G in Chungcheongnam-gun, Chungcheongnam-gu, Chungcheongnam-do, by fraud, the Defendant concluded that he would make the registration of ownership transfer within a few months through employees at the D office located on the eightth floor of the H building in Gangnam-gu Seoul Metropolitan Government, Seoul, to the victim F.
However, in fact, D sold the above real estate to the land owner in the condition that it did not pay any balance after paying only the down payment to the land owner with respect to the real estate sold by the above company G, etc., while D did not have any other ability to mobilize funds except for the purchase price deposited by the buyer, it was paid to the business employee 10% of the purchase price, 2% of the additional sales to the head of the office, 1.2% of the total sales to the head of the office, 1.2% of the total sales to the manager, 1.6% of the total sales to the manager, and 1.6% of the total sales to the manager, and most of the purchase price received from the buyer was disbursed for the purpose of the company operation expenses and business allowances, etc., and even if the money was received from the victim from the beginning of 2009 as the purchase price, there was
As above, the defendant deceivings the victim, and thereby deceiving him/her from the victim, one million won on the same day, and on October 1, 2009.