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A defendant shall be punished by imprisonment for not less than one year and six months.
Of the facts charged in this case, the fraud of victim D on October 22, 2007.
Reasons
Punishment of the crime
The defendant is a family head without a certain occupation.
1. The Defendant did not have the intent or ability to purchase the Gangnam-gu Seoul E apartment house even if he received money from the victim D as the object of the contract for sale in lots.
Nevertheless, the Defendant stated in the facts charged of this case on April 14, 2009 as “ March 14, 2009.” However, according to the evidence in its holding, it is evident that “the date of April 14, 2009,” and even if recognized as above without going through the amendment process, it does not interfere with the Defendant’s exercise of defense. Thus, it is recognized as above.
In G real estate located in Jongno-gu Seoul, Jongno-gu, Seoul, that "Seoul E apartment has approximately 40,000 won, and 100,000 won is the down payment, it is ordered to purchase an apartment house 1,00,000 won." It was issued by the victim as the payment for the sale in lots.
Accordingly, the defendant deceivings the victim, thereby deceiving 10 million won from the victim.
2. Around January 9, 2008, the Defendant against the victim H stated that “If he/she purchases the above commercial building, he/she may change the purpose of use from sports facilities to a head office, he/she may lease the commercial building after receiving a lease deposit of KRW 100,000,000 from sports facilities, and KRW 7,000,000,000 per month. In order to change the purpose of use from a head office, 120,000,000,000 won is necessary and later, he/she can sell it later.”
However, in fact, in the case of a buyer's request for change of the use of the above commercial building, the buyer actively responded to the request without any cost. In particular, since there was no other contractor who purchased the commercial building for the purpose of the door house at the time, the change of use did not require any cost or effort.
The defendant deceivings the victim as above and is deceiving him.