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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
"2017 Highest 2580"
1. In fact, the Defendant entered into a contract for sales agency services for D apartment units in Busan-gun, Busan-gun, which was implemented by the Defendant for the purpose of carrying out the construction project on March 2016, and transferred the proceeds of entering into a contract and the proceeds of sales received from May 2, 2016 to November 2016 to the corporate account.
2. Criminal facts;
A. On August 28, 2012, the Defendant: (a) knew that the victim E was in an internal relationship at the same branch of the Daegu-gu Daegu-gu Daegu-dong branch instead of the State bond compensation amounting to KRW 850 million with a loan from the said bank in order to use it as the sales price for the commercial buildings located in the Daegu-gu Seodong-dong, Seogu-gu, Daegu-gu; and (b) stated to the effect that “in order to purchase the commercial buildings desired to be sold to four, the Defendant directly paid KRW 188,691,500 out of the sales price to the purchaser in cash.”
However, the defendant had attempted to remit 97,204,360 won out of the amount paid by the injured party to the selling company.
As such, the Defendant, by deceiving the victim, received money from the victim for the purpose of selling in lots (188,691,500 won -97,204,360 won) from the victim, and acquired it by deceiving the victim.
(2) On October 9, 2012, the Defendant knew that the said victim received a remittance of KRW 45,823,200 from the National Tax Service prior to the Daegu-gu Commercial Building No. F103, Daegu-gu, Daegu-gu, 2012, the Defendant stated to the effect that “The Defendant would transfer the money to the account because he had 50,000,000 won at the interior cost.”
However, the defendant paid 28,00,000 won at the interior cost of a commercial building sold by the injured party.
As such, the Defendant, by deceiving the victim and deceiving the victim, was gold KRW 17,823,20 (amount of remittance: KRW 45,823,200- KRW 200) on October 10, 2012, under the pretext of human test expenses, from the victim’s following seal.