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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
[Criminal Power] On October 26, 2012, the Defendant was sentenced to six months of imprisonment for fraud and two years of suspended execution at the Seoul Central District Court on November 26, 2012, and the judgment became final and conclusive on November 3, 2012.
【Criminal Facts】
The Defendant actually operated B, a real estate company, from November 2008 to March 201, 201.
1. On January 30, 2009, the Defendant: (a) at the B office located in the Gangnam-gu Seoul Metropolitan Government Office No. 108, the Defendant: (b) purchased 13,100 square meters of farmland E in the wife population E at the time of Gyeonggi-do; (c) sold 330 square meters of the “F” area to 65,000 square meters of land among the forest land to be divided into one parcel; (d) drafted a real estate sales contract to the effect that “I will immediately file for the registration of transfer of ownership”; and (e) written the registration documents necessary for the registration of transfer of ownership.
However, the Defendant purchased the said forest land as G on November 21, 2008 with the purchase price of KRW 792.6 million and paid only KRW 20 million with the down payment. The first intermediate payment of KRW 260 million, which arrives at February 15, 2009, did not prepare the payment even after the due date for the first intermediate payment of KRW 260 million, which arrives at February 15, 2009. In addition, even if the amount received from the victim was fully consumed for operating expenses not for forest land but for operating expenses, etc., the Defendant did not have any intent or ability to divide and transfer the said forest land to the victim as agreed upon.
Nevertheless, the Defendant, by deceiving the victim as above, received 5 million won as the down payment for the purchase price of land from the victim on January 30, 2009, 10 million won as the intermediate payment around February 10, 2009, and 50 million won as the remainder payment around February 17, 2009, respectively, and obtained 65 million won as the remainder payment.
2. The Defendant at the B office around August 14, 2009, and the victim D’s “H” zone to be divided into one parcel of E forest land.