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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The defendant is a person who has worked as a brokerage assistant at the office of a licensed real estate agent of the trade name "C" in Busan Northern-gu.
Around June 2012, the Defendant made a false statement to the effect that “Around June 2012, the Defendant would make a profit equivalent to KRW 4 billion from the purchase price of the land by selling H apartment I and investing KRW 400 million in the purchase price of the land by selling H apartment I in Yangsan-si, Yangsan-si. The Defendant would pay interest on KRW 1.4 billion on a monthly basis, and immediately establish a right to collateral security in the name of the party and pay KRW 1.6 billion by selling the land to KRW 4 billion by July 10, 2013.”
However, the Defendant did not have any right to the above apartment, and at the time, 720 million won out of the purchase price of the above land 1.2 billion won was offered as collateral and procured the above land as collateral. At the time, the Defendant borrowed bonds with high interest rate due to the lack of funds to purchase the pertinent land, and even if he borrowed money from the victim, the Defendant did not have any intent or ability to repay the above money to the victim by purchasing the instant land within one year and establishing a collateral security or resale it.
Nevertheless, the Defendant, by deceiving the victim as above, received one cashier’s checks of KRW 70 million from the victim on July 24, 2012, under the name of the purchase price of the land in G, and received KRW 130 million from the J bank account (K) in the name of the Defendant on August 17, 2012.
On August 26, 2014, the Defendant may purchase the land to which KRW 400 million agreed upon to the victim at the Linc shop located in Busan, Busan, but at the near coffee shop.
If the rest of KRW 100 million is the principal, the registration of ownership transfer for the land shall be made and it shall be done in the future.