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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
Around 2017, the Defendant became aware of the Victim C through the introduction of a branch of land B, and around December 2017, after receiving KRW 9,1240,00 from the victim, the Defendant recommended the purchase and sale of the unit of D apartment E units to sell and purchase the unit.
1. On April 18, 2018, the Defendant called the victim of the crime (related to the F Station apartment) around April 18, 2018, that “I would purchase the sales right if you send out the purchase price of the sales right KRW 77 million, because I would like to purchase the sales right.”
However, there was no fact that the Defendant secured the right to sell apartment units that could be purchased in the vicinity of the F Station. At the time, the Defendant was unable to purchase apartment units with the Defendant’s share in an economically difficult situation, and even if having received money from the victim, it was merely the Defendant’s thought to use the apartment units as the Defendant’s repayment of the existing debt and gambling funds.
The Defendant, by deceiving the victim as above, received 77 million won from the victim to the H account under the name of the Defendant on the same day as the purchase price, and fraudulently acquired it.
2. Around September 7, 2018, the Defendant called that “Around September 2018, the Defendant called “D apartment related documents related to the right to sell D apartment E, which had been previously purchased,” by phoneing the victim at an unsound place.”
However, in fact, the defendant did not intend to sell the above sales right on behalf of the victim and did not have any intent or ability to reduce the sales price by selling the above sales right on behalf of the victim.
The Defendant, as above, deceiving the victim and deceiving him/her from the victim on September 7, 2018, relating to the right to sell D apartment E-family units with an amount equivalent to KRW 9,1240,000 at the market price.