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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[2014 Highest 522] The Defendant is a person engaged in real estate business.
On September 21, 2009, the Defendant stated that “Around September 21, 2009, at the E-real estate consulting office operated by the Defendant located in Young-si D, the victim F, “When purchasing approximately 1,756 square meters of forest land H located in Yongsan-si G, he/she will develop it as a site for electric power resource housing. It is necessary to pay and cover expenses and cover, and to receive a loan, it is necessary to receive the loan.”
However, even if the defendant received money from the victim, he did not have the intention or ability to develop the site of the electric source with normal authorization and permission.
The Defendant, as such, by deceiving the victim, received delivery of KRW 10 million in total from the victim, including KRW 10,000,000 from November 3 of the same year, KRW 10,000,000 around December 31 of the same year, and KRW 130,000,000,000 from December 31 of the same year.
[2014 Highest 2653]
1. Fraud against victim I;
A. On June 18, 2007, the Defendant stated that “Around June 18, 2007, the Defendant may receive KRW 2.6 billion from the purchase price of real estate to be returned to the party,” and that “Around June 18, 2007, the Defendant may lend money necessary to develop the said forest.”
However, the fact that the Defendant acquired ownership by completing the registration of ownership transfer on the same day was purchased on February 2, 2004, and the Defendant created two cases of collateral security and superficies, etc., which are the sum of the maximum debt amount of KRW 880 million, and received money from K, L, etc., and there was no funds to develop the said case by additionally setting up two cases of collateral security, which is the sum of the maximum debt amount of KRW 560 million, and lending money from M, etc. The Defendant did not yet secure the access road construction for developing the said forest, which is the franchisor, and as such, joint ventures with respect to the N forest (hereinafter “N forest”).