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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
The defendant is a person who has been engaged in land trade in the name of Co., Ltd. D in the window B building C at Changwon-si.
From June 2016, the Defendant concluded a sales contract with the owner on November 15, 2016 with respect to the land and building located in E, 364 square meters and building located in E, 1861 square meters and 3 square meters for the land and building located in G, and 270 million won for the said E site and building, and 310 million won for the said F and G sites, respectively, and paid 40 million won for the down payment each day.
1. On October 23, 2016, the criminal defendant against the victim H said D office stated that “Around October 23, 2016, the victim H concluded a sales contract with the original owner for the answer F located in Ghana, and if the purchase price is KRW 280 million, the defendant would transfer the ownership of 100 square meters out of the land to the new owner, and would return the balance promptly, 30 million won at a discount.”
However, in fact, the above land was not yet entered into a sales contract, and for the implementation of the above promise, even though the Defendant, who had no means, did not have any means to appropriate the purchase price of the above land in full as the victim received money in the name of the purchase price, he had the intention to use the most of the above money in the wages of employees, other debts, corporate operating funds, etc., and even if he received money from the victim as the price for the land, he did not have the intent or ability to transfer the ownership of
The Defendant, as such, by deceiving the victim, received from the victim the transfer of KRW 16 million as the down payment on the 26th day of the same month from the victim to the I Bank account in the name of D, as the down payment, KRW 60 million as the intermediate payment on the 4th day of November of the same year, and KRW 280 million as the remainder payment on the 10th day of the same month.
Accordingly, the defendant is worth KRW 280 million from the victim.