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A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On October 14, 201, the Defendant appealed from the Seoul Southern District Court to a suspended sentence of four months for a crime of fraud. However, on December 16, 201, the same court rendered a judgment dismissing the appeal, which became final and conclusive around that time.
2. Criminal facts;
A. The defrauded did not have any property or income under his/her own name, and even if he/she borrowed money from the victim C, he/she did not have any intent or ability to repay it, and there is no intention or ability to sell it to the victim because he/she did not receive a sales delegation from D with respect to the first-dong 107 commercial buildings of Gyeyang-gu Incheon E (hereinafter referred to as "commercial buildings") which are D owned, notwithstanding the fact that he/she was entrusted to sell it from D on September 2, 2010, when he/she did not have an intention or ability to sell it to the victim, he/she would borrow 3 million won from the victim as if he/she was entrusted to sell the commercial buildings from D on September 2, 2010, to substitute the above money with the down payment of the purchase price of the commercial buildings, and if he/she could not repay it one million won after one week, he/she received 2.5 million won from the victim to the head of the Tong, who was established at the New Bank branch of the National Bank on the same day.
B. For the purpose of exercising the right to sell to the commercial buildings owned by the victim D without being delegated by the victim with the right to sell, the Defendant, at the Seocho-gu Seoul Metropolitan Government Franc shop on November 201, 2010, in the column of the real estate purchase price column for the column of “Yecheon-gu0 million won” in the column of the down payment column for “Yecheon-gu0 million won” in the column of the “Yecheon-gu0 million won” in the “Yecheon-gu0 million won shall be paid on September 29, 2010.”