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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Criminal facts
On July 16, 2015, the defendant was sentenced to two years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Changwon District Court on July 16, 2015, and the judgment became final and conclusive on January 11, 2016.
1. On July 12, 2014, the Defendant concluded a real estate sales contract with the victim and the above land as KRW 950 million (a down payment, KRW 100 million, KRW 850 million, KRW 850 million) after purchasing in the name of H (State) operated by the victim D, which was operated by the victim D (State) in Kimhae-si, the Defendant purchased the F-owned G land in the name of H (State) operated by the Defendant.
However, in fact, the Defendant had not entered into a sales contract with F, the owner of the above land. Since F, before the contract with F, it had already been refused to make a purchase due to the problem of transfer income tax, etc., the Defendant could not purchase the above land and transfer it to the victim. Even if the Defendant received the down payment from the injured party, he was planning to use it for the repayment of personal debt, etc., so there was no intention or ability to return the down payment if the sales contract with F, the contract with the victim
Nevertheless, the Defendant, as such, by deceiving the victim as such, received 70 million won in the name of H as the down payment from the victim, from the victim, and acquired it through a total of KRW 100 million on the same day and KRW 30 million on the 13th day of the same month.
2. The Defendant purchased I’s land in the name of H (ju) at the time, at the same time, at a place as set forth in paragraph 1, and purchased the F’s land in the name of H, and concluded a real estate sales contract with the victim and the said land as KRW 950 million (a down payment, KRW 10 million, KRW 850 million, KRW 850 million).
However, the defendant could not transfer the above land to the victim due to the above circumstances, and there was no intention or ability to return the down payment.
Nevertheless, the defendant is the same.