A defendant shall be punished by imprisonment for one year.

Criminal facts

On November 16, 2016, the Defendant was sentenced to six years of imprisonment for fraud, etc. at the Changwon District Court, and the judgment became final and conclusive on November 24, 2016.

[2016 Highest 4334]

1. On January 28, 2013, the Defendant is obliged to pay the transferred income tax amount of KRW 30 million to the Defendant F, who requested the sale of E apartment units 106 dong 1803, in the “D real estate” where the Defendant, located in Seongbuk-gu, Changwon-si, Sungwon-si, Sungwon-si, as a brokerage assistant.

B. The transfer income tax will be paid to B in lieu of payment of money.

The phrase “ makes a false statement.”

However, at that time, the Defendant had no intention or ability to pay the transfer income tax on behalf of the victim because he was willing to use the money that he received from the injured party as he was urged to pay from a large number of creditors due to the failure of investment related to apartment.

As such, the Defendant, by deceiving the victim, received 30 million won on the same day under the name of the victim from the victim to transfer income tax, and acquired it by transfer from the victim to a criminal account in the name of the defendant.

2. Around August 1, 2013, the Defendant, at the above real estate office, testified that the Defendant did not actually pay the transfer income tax with the money received as stated in paragraph 1, and used the money in another place.

However, in order to pay money to the person who paid the money, the cost is needed.

If money is received, it will be paid immediately.

The phrase “ makes a false statement.”

However, at that time, the Defendant was willing to use the money that he received from the injured party due to the failure of investment in apartment-related apartment, and thus, there was no intention or ability to repay the money even if he borrowed money from the injured party.

As such, the Defendant deceivings the victim, and deceivings the victim, one million won per day under the pretext of borrowing from the damaged person, and one million won under the pretext of borrowing.