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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The Defendant concluded a sales agency contract with D Co., Ltd., a company implementing the main complex construction project, located outside Bupyeong-gu, Incheon, and one parcel of land, and took charge of managing the sales agency project.
The defendant around March 21, 2016, at the office near the 55 original station in Seongbuk-gu, Sungnam-gu, Sungnam-gu, 2016, "a plan is to proceed with the future sale project in connection with the third main complex construction project" to the victim E. When paying the money for sale as deposit, the defendant will be given the right to sell the said unit sale project. First, the defendant will return the unit sale contract within 45 days after the issuance of the sale contract at the time of paying the amount of KRW 50 million for the purpose of open funds, etc. for the model house, and the model house is scheduled to open before May 30, 2016."
4.6.Around June 1, 2000, the victim sent photographs of the land lease agreement to construct a model house to the victim, and "as the cost of the sale project is insufficient, the sale bond should be increased to KRW 80,000,000,000,000."
7. On September 26, 200, “A request to increase the sales security deposit because the sales cost is insufficient. If the increase is not known, the sales security deposit shall be transferred to another person, and the sales security deposit received shall be returned as of September 30, 2016.”
However, in fact, the Defendant was urgently required to repay personal debt related to the sale business of the Incheon Coast Guard, which is another site where the Defendant was involved, and the same year, among the money paid by the victim, the amount of KRW 30 million on March 21, 2016, KRW 22.15 million on the same month, and KRW 15 million on the same month.
4.6.18 million won was used in paying a debt, and there was no intent or ability to use the victim's money as open funds, etc. The real estate lease contract concluded on October 1, 2014 for the establishment of a model house was already terminated due to the lessee's default. Thus, the model house opening time was not expected until September 30, 2016.